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SYNCLAIR v EAST LANCASHIRE HOSPITALS NHS TRUST
[2016] Med LR 1
Clinical negligence – Evidence – Contemporaneous record – Conflict with patient's recollection.
O’CONNOR v THE PENNINE ACUTE HOSPITALS NHS TRUST
[2016] Med LR 11
Clinical negligence – Intraoperative damage – Sufficiency of evidence – Res ipsa loquitur – Rhesa Shipping heresy – Permission to adduce expert evidence.
REANEY v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST AND ANOTHER
[2016] Med LR 23
Clinical negligence – Correct approach to causation of loss where a negligently caused injury is superimposed on a pre-existing, non-negligently acquired injury – Whether defendant liable for all or part of needs created by both injuries – Whether credit should be given for care required in any event.
RICH (A PROTECTED PARTY BY HER MOTHER AND LITIGATION FRIEND, RICH) v HULL AND EAST YORKSHIRE HOSPITALS NHS TRUST
[2016] Med LR 33
Clinical negligence – Obstetric negligence – Premature delivery – Development of respiratory distress syndrome (RDS) and brain damage – Standard of obstetric care in 1993 – Whether failure to consider antenatal corticosteroid therapy – Whether antenatal corticosteroid therapy would have avoided RDS and brain damage – Whether RDS and brain damage materially contributed to by failure to provide antenatal corticosteroid therapy.
WILLIAMS v THE BERMUDA HOSPITALS BOARD
[2016] Med LR 65
Clinical negligence – Causation – Material contribution – Cumulative causes – Successive causes – Single causative agent.
DANIEL AND ANOTHER v ST GEORGE'S HEALTHCARE NHS TRUST AND ANOTHER
[2016] Med LR 75
Human Rights Act, section 6 – Whether alleged clinical negligence amounted to breach of ECHR, articles 2 and 3 – Whether alleged delay in ambulance response time amounted to breach of ECHR, articles 2 and 3 – Legal causation test for breach of article 2 – Meaning of indirect victim under Human Rights Act, section 7.
R (ON THE APPLICATION OF SPECK) v HM CORONER FOR DISTRICT OF YORK AND OTHERS
[2016] Med LR 103
Judicial review – Inquests – Scope of inquest – ECHR, article 2 – Right to life – State's procedural obligation to investigate death – Policy and resources – Causative link with death – Coroner's duty to investigate – Coroner's discretion to investigate – Mental Health Act 1983 – Place of safety.
SUDDOCK v NURSING AND MIDWIFERY COUNCIL
[2016] Med LR 114
Nursing and Midwifery Council – Conduct and Competence Committee – Registered nurse in charge of nursing home – Whether findings against her of professional misconduct justified on the evidence.
XYZ v WARRINGTON AND HALTON NHS FOUNDATION TRUST
[2016] Med LR 147
Psychiatric injury – Clinical negligence – Breach of duty – Causation – Consent – credibility of witnesses.
ATKINS v CO-OPERATIVE GROUP LTD
[2016] Med LR 169
Civil evidence – Negligence – Causation – Asbestosis – Fresh evidence – Change of circumstances – Entering judgment by consent – Interim payment – Repayment of interim payment.
R (ON THE APPLICATION OF LIM MEY LEE) v GENERAL MEDICAL COUNCIL
[2016] Med LR 176
General Medical Council – Singapore Medical Council – General Medical Council (Fitness to Practise) Rules Order of Council 2004 (SI 2004 No 2608), rule 4(5) – General Medical Council Good Practice Guide (2006), para 58 – Jurisdiction – Time limits – Registrar of the General Medical Council.
R (ON THE APPLICATION OF CLAIRE DYER) (BY HER MOTHER AND LITIGATION FRIEND CATHERINE DYER) v THE WELSH MINISTERS AND OTHERS
[2016] Med LR 185
Judicial review – Public law duties – Resource allocation in NHS Wales – Medium secure accommodation – Necessity to provide medium secure accommodation in Wales – Margin of discretion – Failure to collate information – Appropriate cohort of patients to consider – Resources for those with autistic spectrum disorder and learning disability.
MICHALAK v GENERAL MEDICAL COUNCIL
[2016] Med LR 211
Fitness to practise – Discrimination – Harassment – Jurisdiction – Employment Tribunals – Judicial review – Appeals – Qualifications bodies – General Medical Council.
GENERAL MEDICAL COUNCIL v ADEOGBA; GENERAL MEDICAL COUNCIL v VISVARDIS
[2016] Med LR 221
Medical Practitioners Tribunal Service of the General Medical Council – When appropriate for Fitness to Practise Panels to proceed with disciplinary hearings in the absence of co-operation of respondent registrants.
RE JM AND OTHERS
[2016] Med LR 243
Court of Protection – Procedure – Administration of justice – Deprivation of liberty – Participation of P in proceedings – Rule 3A representatives – Mental Capacity Act 2005.
DAY v LEWISHAM AND GREENWICH NHS TRUST AND ANOTHER
[2016] Med LR 269
Health Education England – Employment Rights Act 1996 – Junior Doctor – Appeal against decision of Employment Tribunal to strike out claim – Protected Disclosures – Whistleblowers – Detriment – Whether disclosures protected when made to training body – Training contract not contract of employment – Doctor not within ERA 1996 definition of “worker” for purposes of relationship with Health Education England – European Convention on Human Rights, article 10 – Freedom of expression – Purposive interpretation.
SOUTH STAFFORDSHIRE AND SHROPSHIRE HEALTHCARE NHS FOUNDATION TRUST AND ANOTHER v THE HOSPITAL MANAGERS OF ST GEORGE’S HOSPITAL AND AU (INTERESTED PARTY)
[2016] Med LR 283
Mental health – Judicial review – Application by Trust of decision by its own appointed panel of Hospital Managers to discharge patient under the Mental Health Act – Capacity – Standing to bring the application – Relevant considerations for the panel – Adequacy of Reasons.
MANZI v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2016] Med LR 294
Clinical negligence – Delivery – Breach of duty – Defendant's decision not to rely on a junior doctor's evidence – Drawing of adverse inferences.
HARMAN (A CHILD PROCEEDING BY HIS MOTHER AND LITIGATION FRIEND JOANNE HARMAN) v EAST KENT HOSPITALS NHS FOUNDATION TRUST
[2016] Med LR 305
Clinical negligence – Damages – Severe disability – Education costs – Choice of private or public funding – Expert quantum evidence – Relevance of parents’ wishes.
CAMBRIDGE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST v BF
[2016] Med LR 314
Court of Protection – Mental illness – Capacity – Best interests – Life-sustaining treatment causing infertility.
R (ON THE APPLICATION OF S (A CHILD) BY HER FATHER AND LITIGATION FRIEND M) v NHS ENGLAND
[2016] Med LR 329
Judicial review – Funding drug treatment for narcolepsy and cataplexy – Individual Funding Request policy – Meaning of exceptional clinical circumstances – Appropriate cohort of patients.
DS (BY MOTHER AND LITIGATION FRIEND FS) v NORTHERN LINCOLNSHIRE AND GOOLE NHS FOUNDATION TRUST
[2016] Med LR 339
Clinical negligence – Placental abruption – Delay in delivery – Brain damage – Causation.
AS v EAST KENT HOSPITALS UNIVERSITY NHS FOUNDATION TRUST
[2016] Med LR 380
Clinical negligence - Breach of duty - Vitreoretinal surgery - Failed repair of retinal detachment - Whether alternative procedure should have been adopted.
STAFFORDSHIRE COUNTY COUNCIL v SRK (BY HIS LITIGATION FRIEND SK) AND OTHERS
[2016] Med LR 398
Human rights – Mental capacity – Personal injury – Deprivation of liberty – Attribution of responsibility to state – Whether authorisation of deprivation of liberty by Court of Protection required.
RE A (A CHILD)
[2016] Med LR 427
Children – Best interests – Right to life – Life-sustaining treatment – Withdrawal of treatment – Balance sheet exercise – Pain – Wider best interests – Over-emphasis of one factor in best interests decision.
LAT (A CHILD SUING BY HIS MOTHER AND LITIGATION FRIEND PAT) v EAST SOMERSET NHS TRUST (NOW YEOVIL DISTRICT HOSPITAL NHS FOUNDATION TRUST)
[2016] Med LR 438
Interim payments – CPR Part 25.7 – Accommodation costs – Clinical negligence – Protected parties – Injury during neonatal period – Stay of proceedings.
R (ON THE APPLICATION OF COMMUNITY PHARMACIES (UK) LTD) v THE NATIONAL HEALTH SERVICE LITIGATION AUTHORITY THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD AND THE SECRETARY OF STATE FOR HEALTH, INTERESTED PARTIES
[2016] Med LR 447
Judicial review – Pharmaceutical services – Relocation to different premises – Patient groups – Patient groups that are accustomed to accessing pharmaceutical services – Significantly less accessible new premises – National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (SI 2013 No 349), Regulation 24(1)(a) – Statutory construction.
KEARSEY v NURSING AND MIDWIFERY COUNCIL
[2016] Med LR 461
Nursing and Midwifery Council – Fitness to practise proceedings – Appeal against removal from the register – Whether decisions unfair – Dishonesty – Invalid notice of hearing – Address for service – Voluntary absence from proceedings – Additional evidence considered at the impairment and sanction stage.
R (SSP HEALTH LTD) v CARE QUALITY COMMISSION
[2016] Med LR 473
Judicial review – Common law duty of procedural fairness – Procedure for curing factual inaccuracies in CQC inspection report – Approach to challenge of factual accuracies if lacuna in procedure – Internal independent review process versus judicial review – Health and Social Care Act 2008.
NATIONAL AIDS TRUST v NATIONAL HEALTH SERVICE COMMISSIONING BOARD (NHS ENGLAND) (SECRETARY OF STATE FOR HEALTH AND THE LOCAL GOVERNMENT ASSOCIATION, INTERESTED PARTIES)
[2016] Med LR 487
Judicial review – Allocation of NHS budgetary responsibility – Power to commission preventative treatment – Preventative treatment for HIV/AIDS – National Health Service Act 2006, section 1H(2).
ENEMUWE v NURSING AND MIDWIFERY COUNCIL
[2016] Med LR 511
Regulatory – Nursing and Midwifery Council – Approach to appeals from disciplinary panel – Threshold applying to challenge to factual findings and in general – Admissibility of investigation report.
RICHARDS (BY HIS DEPUTY AND LITIGATION FRIEND MINIHANE) v WORCESTERSHIRE COUNTY COUNCIL AND ANOTHER
[2016] Med LR 534
Mental Health Act 1983, section 117 – Failure of statutory bodies to provide aftercare services – Private funding – Restitution – Unjust enrichment – Public law – Private law – Procedural exclusivity – Strike out.
WRIGHT v BARTS HEALTH NHS TRUST
[2016] Med LR 545
Concurrent tortfeasors – Liability for different tortious acts causing same damage.
LEE-HIRONS v SECRETARY OF STATE FOR JUSTICE
[2016] Med LR 551
Mental Health Act 1983 – Recall to hospital – Reasons – Human Rights Act 1998.
CARDER v THE UNIVERSITY OF EXETER
[2016] Med LR 562
Breach of duty and causation – Asbestosis – Divisible disease – Meaning of injury and damage – Material contribution – De minimis.
XP v COMPENSA TOWARZYSTWO SA AND ANOTHER
[2016] Med LR 570
Quantum of damages – Personal injury – Sequential road traffic accidents in Poland and UK – Relative contribution of each accident to claimant's psychiatric injury – Recovery of damages under Polish law – Quantification of damages.
PROFESSIONAL STANDARDS AUTHORITY v HEALTH AND CARE PROFESSIONS COUNCIL AND AJENEYE
[2016] Med LR 591
Health Care Professions Council – Conduct and Competence Committee – Inaccurate references provided dishonestly – Whether five-year caution order unduly lenient.
R (ON THE APPLICATION OF JUSTICE FOR HEALTH LTD) v THE SECRETARY OF STATE FOR HEALTH, THE NHS CONFEDERATION AND THE BRITISH MEDICAL ASSOCIATION (INTERESTED PARTIES)
[2016] Med LR 599
Judicial review - National Health Service - Contracts of employment - Junior doctors - Secretary of State for Health - Constitutional law.
EL-HUSEINI v GENERAL MEDICAL COUNCIL
[2016] Med LR 647
Medical Practitioners Tribunal – General Medical Council – Regulatory – Out of time appeal against a decision of the Medical Practitioners Tribunal – Existence of any power to extend the statutory time limit – Whether any such power should be exercised – Application of the ECHR and The Equality Act 2010.
JEFFERIES v BMI HEALTHCARE LTD (HUMAN FERTILISATION AND EMBRYOOLGY)
[2016] Med LR 656
Embryos – Storage – Consent – Time limits – Human Fertilisation and Embryology Act 1990, Schedule 3 paras 1(1) and 3 – Human Fertilisation and Embryology Authority – Guidance.
IN THE MATTER OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008 (CASE V)
[2016] Med LR 664
Assisted reproduction – Human Fertilisation and Embryology Authority – Parentage – Declaration – Completion and loss of consent forms – Costs associated – Delay in payment of costs.