William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Victoria Williams of Stewarts successfully represented the claimant (“C”), a protected party, in her claim against Salisbury NHS Foundation Trust (“D”). A compromise was reached on the basis of an offer made at a video Joint Settlement Meeting (JSM) which was subsequently approved by Master Sullivan.
In this post, Daniel Sokol looks at the recent consent case of Mukhtar Malik v St George’s University Hospitals NHS Foundation Trust, and draws valuable lessons for lawyers, experts and doctors.
The Supreme Court handed down its decision in this case on Friday, discussed by Ted Cunningham in this post. Helen Waller has previously provided a comprehensive summary of the factual and legal background to this case, which is available here.
In this post, Vanessa Cashman discusses this recent criminal prosecution regarding the failings in maternity care from East Kent Hospitals University NHS Foundation Trust. It is a landmark case, being the first time that the CQC has prosecuted an NHS Trust over failings in clinical care.
Ted Cunningham discusses this case concerning a dental practice’s owner’s non-delegable duty, where judgment was handed down in April by His Honour Judge Harrison, sitting at Cardiff County Court. The judgment can be accessed here, on the website of the solicitors for the claimant. In short, the Learned Judge held that Mr Croad, a former dentist who had been retired for 20 years and who had sold his practice many years before the litigation commenced, owed a non-delegable duty of care to the Claimant at the material time.
To get us all up to speed ahead of this Supreme Court judgment, which is due to be handed down on Friday 28 May, Helen Waller has helpfully set out the background to this case, the decisions of the lower courts, and a summary of the law on wrongful birth claims. We will update this blog post in the next few days with the result of the Supreme Court decision and our analysis of it.
Here, Charlotte Reynolds discusses some recent clinical negligence cases involving allegations of fundamental dishonesty, and some key points that can be taken from these.
In this blog post, Henry King discusses the issue of capacity to consent to medical treatment, in light of comments made in the recent Court of Protection case of East Lancashire Hospitals NHS Trust v GH  EWCOP 18.
In this post, Megan Griffiths looks at the recent case of Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust 1 WLUK 429, a very sad case concerning the decomposition of a woman's body in a hospital mortuary.
In this post, Henry King discusses the case of Hopkins (A Child) v Akramy  EWHC 3445 (QB), in which the court held that an NHS Primary Care Trust did not owe a non-delegable duty of care to protect NHS patients from harm, including harm from the negligent provision of primary medical services by a third party. This case provides useful insight into the court's considerations in a situation where the alleged negligence is by a third party with whom the NHS has contracted to provide healthcare services.