i-law

Medical Law Reports

R (MORAHAN) v HIS MAJESTY'S ASSISTANT CORONER FOR WEST LONDON, CENTRAL AND NORTH WEST LONDON NHS FOUNDATION TRUST, AND THE COMMISSIONER OF POLICE OF THE METROPOLIS (INTERESTED PARTIES)

[2023] Med LR 1
Inquests - Article 2 ECHR - Death of patient with psychiatric illness - Whether procedural duty to hold inquest compliant with article 2 ECHR engaged - Whether operational duty owed to patient receiving voluntary treatment - Provision of legal aid for inquests.

O'BRIEN (ADMINISTRATRIX OF THE ESTATE OF BERRY (DECEASED)) v GUY'S AND ST THOMAS' NHS TRUST

[2023] Med LR 12
Clinical negligence - Administration of ototoxic antibiotic to patient on intensive care unit - Whether higher dose of antibiotic responsible for patient's balance problems and hearing loss - Relevance of national and local clinical guidelines to the issue of negligence.

RE X (CATASTROPHIC INJURY: COLLECTION AND STORAGE OF SPERM) V AND W v X (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR), KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST

[2023] Med LR 51
Adult patient lacking capacity – Application by parents to collect and store patient's sperm – Whether in best interests of patient – Consent required by Human Fertilisation and Embryology Act – ECHR, article 8 right to private life.

CNZ (SUING BY HER FATHER AND LITIGATION FRIEND MNZ) v ROYAL BATH HOSPITALS NHS FOUNDATION TRUST AND ANOTHER

[2023] Med LR 59
Brain damage – Elective caesarean section – Informed consent – Application of Montgomery – Acute profound hypoxic ischaemic insult – Divisibility – Apportionment – Impossibility or difficulty – Aliquots – Material contribution.

ROBINSON v LIVERPOOL UNIVERSITY HOSPITALS NHS TRUST AND ANOTHER

[2023] Med LR 122
Personal injury – Dental negligence – Expert evidence – Non-party costs order – Threshold for adverse costs orders against expert.

TN v AN NHS ICB, RN (BY HIS ACCREDITED LEGAL REPRESENTATIVE, JOLANTA EDWARDS)

[2023] Med LR 134
Adult lacking capacity - Best interests - Vaccination - Parental responsibility - Role of the parent in decisions concerning a disabled adult child - Autonomy of disabled adult child - Wishes and feelings of adult lacking capacity.

SNOW v ROYAL UNITED HOSPITALS BATH NHS FOUNDATION TRUST

[2023] Med LR 143
New surgical procedure - Departure from NICE guidelines - Whether patient should have been informed of surgeons' limited experience - Whether fully informed consent was obtained - Whether the claimant would have undergone the same operation if properly consented - Whether the claimant would have suffered the same injury in any event - Whether claimant's refusal to undergo another operation was a failure to mitigate loss.

KETTERING GENERAL HOSPITAL NHS FOUNDATION TRUST v C AND ANOTHER

[2023] Med LR 209
Inherent jurisdiction – Anticipatory declarations – Unborn child – Anti-retroviral treatment – Best interests – Parental rights – Application without notice.

MARCHESELLI v INFORMATION COMMISSIONER, GENERAL MEDICAL COUNCIL

[2023] Med LR 217
General Medical Council – Fitness to practise – Disclosure – Freedom of Information request – Doctor's personal data – Information exempt from disclosure – Information Commissioner.

NKX (BY HIS MOTHER AND LITIGATION FRIEND, NMK) v BARTS HEALTH NHS TRUST

[2023] Med LR 227
Protected parties – Proof of life – Standard clauses – Periodical payment orders.

SOMOYE (ON HIS OWN BEHALF AND AS ADMINISTRATOR OF THE ESTATE OF SOMOYE) v NORTH WEST ANGLIA NHS FOUNDATION TRUST

[2023] Med LR 231
Clinical negligence – Pre-action admission of liability – Admissions made at inquest – Causation – Prejudice – Expert evidence.

R (AA (A CHILD, ACTING BY HER FATHER AND LITIGATION FRIEND, SW)) AND OTHERS v NATIONAL HEALTH SERVICE COMMISSIONING BOARD (OPERATING UNDER THE NAME OF NHS ENGLAND), TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST AND DEVON PARTNERSHIP NHS TRUST (INTERESTED PARTIES)

[2023] Med LR 239
Judicial review – Gender identity development and disorder services – Long waiting times – Whether NHS England in breach of statutory duty under (i) National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012 No 2996), regulation 45(3); (ii) National Health Service Act 2006, section 3B; (iii) Health Act 2009, section 2; and/or (iv) Equality Act 2010, section 149 – Whether NHS England directly and/or indirectly discriminating against service users because of protected characteristic of gender reassignment.

“CLOSED HEARINGS” AND “CLOSED MATERIAL”: GUIDANCE

[2023] Med LR 268
Court of Protection – Practice Guidance – Exclusion of party and/or their representative from court hearings or from seeing documentation – Without notice applications – Case management decisions – Common law rights – Procedural considerations – European Convention on Human Rights, article 6 – Human Rights Act 1998.

DOVE v HM ASSISTANT CORONER FOR TEESSIDE AND HARTLEPOOL AND ANOTHER (SECRETARY OF STATE FOR WORK AND PENSIONS, INTERESTED PARTY)

[2023] Med LR 275
Statutory test for a fresh inquest – New evidence – Whether necessary or desirable in the public interest – Recording of conclusions of suicide – Test for causation – Coroner's role in investigating mental health deterioration where article 2 not engaged – Whether article 2 operational duty in existence.

WATKINS v BRITISH MEDICAL ASSOCIATION

[2023] Med LR 293
British Medical Association – Articles of Association – Living our values – Elections – Complaints – Disciplinary action – Suspension – Certification officer – Estoppel.

WEBBERLEY v GENERAL MEDICAL COUNCIL

[2023] Med LR 299
Consent – Gender affirming treatment – Gillick competence – Role of parents – Duty to warn of risks – Adequacy of warning – Whether omission of adequate warning amounting to misconduct.

JENKINSON v HERTFORDSHIRE COUNTY COUNCIL

[2023] Med LR 353
Novus actus interveniens – Medical treatment to prior injury – Whether to permit amendment of defence statement of case to plead break in chain of causation by negligently conducted surgery.

POWELL v UNIVERSITY HOSPITALS SUSSEX NHS FOUNDATION TRUST

[2023] Med LR 363
Clinical negligence – Consent and advice for surgical management of infected knee replacement – Protracted management of post operative infection culminating in leg amputation – Patient undergoing early debridement as opposed to removal of prosthesis – Whether patient appropriately advised of the alternative of removal of prosthesis – Whether surgeon's recommendation for debridement was negligent – Whether claimant would have opted for removal of prosthesis – Whether this would have avoided the need for amputation.

SHALLY v IMPERIAL COLLEGE HEALTHCARE NHS TRUST

[2023] Med LR 391
Clinical negligence – Thoracic spinal surgery – Whether choice of surgical approach reasonable – Whether conduct of surgery reasonable – Causation of spinal cord injury.

CHAPMAN v MID & SOUTH ESSEX NHS FOUNDATION TRUST

[2023] Med LR 417
Clinical negligence – Breach of duty – Causation – Expert evidence – Reliability of witness evidence.

MASIH AND ANOTHER v ROYAL WOLVERHAMPTON NHS TRUST

[2023] Med LR 441
Clinical negligence – Fatal accident – Late amendment to case – Change of position during trial – Appeal preparation – Bundles – Skeleton arguments.

MCCULLOCH AND OTHERS v FORTH VALLEY HEALTH BOARD, GENERAL MEDICAL COUNCIL AND BRITISH MEDICAL ASSOCIATION, INTERVENING

[2023] Med LR 461
Medical practitioner – Clinical negligence – Informed consent – Legal test for duty to advise of reasonable alternative treatments.

CCC (A CHILD BY HER MOTHER AND LITIGATION FRIEND, MMM) v SHEFFIELD TEACHING HOSPITALS NHS FOUNDATION TRUST

[2023] Med LR 476
Civil Procedure Rules Part 36 – Combined offer by claimant under CPR Part 36.18 in respect of both lump sum and periodical payments – Whether necessary for claimant to beat offer in respect of both lump sum and periodical payments in order to benefit from costs consequences following judgment under CPR Part 36.17(4) – Lost years claim by catastrophically injured child with no prospect of future dependants – Whether certificate for leapfrog appeal to Supreme Court should be granted.

CHAPMAN v MID AND SOUTH ESSEX NHS FOUNDATION TRUST

[2023] Med LR 490
Costs – Court's general discretion in relation to costs – Costs where claimant is successful on some issues but not others – Departure from the general rule as to costs – Part 36 CPR – Effective Part 36 offers – Cost consequences of effective Part 36 offer – Whether unjust for consequences of Part 36 offer to apply.

R (MAGUIRE) v HIS MAJESTY’S SENIOR CORONER FOR BLACKPOOL AND FYLDE AND ANOTHER

[2023] Med LR 499
Coroner – Inquest – Death in care home – ECHR, article 2 – Substantive obligation – Enhanced procedural obligation.

SHAW (WIDOW AND EXECUTRIX OF THE ESTATE OF LAURENCE SHAW, DECEASED) v MAGUIRE

[2023] Med LR 544
Limitation Act 1980 – Fatal Accidents Act 1976 – Preliminary issues – Date of knowledge – Primary limitation – Discretion to disapply limitation – Evidential burden – Cogency of evidence – Delay in bringing proceedings – Judicial discretion.

AN NHS TRUST v ST (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND OTHERS

[2023] Med LR 557
Capacity – End of life hospital patient – Dispute over capacity to decide on future medical treatment – Official Solicitor acting for patient – Patient also instructing own legal representative directly.

PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL MEDICAL COUNCIL AND ONYEKPE

[2023] Med LR 577
General Medical Council – Fitness to practise – “Under charging” – Sexual misconduct – Vulnerable patient – Insufficient sanction.

UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v THIRUMALESH (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND OTHERS

[2023] Med LR 599
Court of Protection – Transparency – Reporting restrictions – Practice and procedure – Medical treatment – Right to respect for private and family life – Freedom of expression – Clinical negligence.

RIX v WALL

[2023] Med LR 607
Dental claims – Dental negligence – Periodontal disease – Contributory negligence – Implants – Quantum.

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