In this post Thea Wilson of 12 KBW discusses the recent decision of Davis J in JR v Sheffield Teaching Hospitals NHS Foundation Trust. The Court dealt chiefly with the discount rate change in relation to accommodation claims and with lost years claims. In relation to the former, it was held that no capital sum was recoverable; in respect of the latter that a claim would be allowed even where there were no dependents.
In this post Rachit Buch of 12KBW discusses the Court of Appeal’s recent reversal of Nicol J’s decision to strike out a claim on the basis that a doctor did not owe a duty of care to disclose a patient’s hereditary disease to his child.
Overturning the decision the Court of Appeal held that it was arguable that medical practitioners could be liable for failing to inform family members of a diagnosis where there was definite, reliable and critical medical information as would be the case in clinical genetics.
Tim Petts and Ted Cunningham of 12KBW consider this important decision where the Court of Appeal discussed the appropriate standard of care for different ranks of healthcare professionals.
In FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, the Court of Appeal overturned a first-instance decision that a junior doctor had not been negligent when examining a one-year-old girl and taking a history from her parents in the early hours of the morning. Dr R, the senior house officer (SHO) who saw her in A&E, reached a view that FB was probably suffering from a chest infection and discharged her. Tragically, FB returned to hospital that evening, severely unwell, and was thereafter diagnosed with pneumococcal meningitis and multiple brain infarcts. She now has permanent brain damage.
Jackson LJ looked at the general principles of what the law should expect from young professionals near the start of their career. Continue reading “FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims”
In this blog Isaac Hogarth of 12KBW discusses the recent judgment of the Court of Appeal which considers the limits of the causation principles set down by the House of Lords in Chester v Afshar. Continue reading “Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?”
In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB) the infant claimant suffered a brain injury during her protracted birth. Her mother and grandmother sustained psychiatric injuries following sight of the baby, who was born in an extremely poor condition.
William Featherby QC and Vanessa Cashman of 12KBW succeeded in obtaining judgment on behalf of all three claimants. Vanessa discusses the case in this post.
Co-editor of the 12KBW Clinical Negligence blog Rory Badenoch considers the recent Court of Appeal case of Barnett, one of the rare cases in which a judge’s inability to resolve an issue of fact had been justified (Stephens v Cannon [2005] EWCA Civ 222 and Verlander v Devon Waste Management [2007] EWCA Civ 835 applied). Also of note was the Court of Appeal’s criticism of the brevity of the judgment at first instance. This criticism was held to be of particular importance where a key issue is decided on the basis that a claimant has failed to discharge the burden of proof.
In this blog Tim Petts of 12 KBW considers the recent Court of Appeal case of Willmott where the judge at first instance was accused of bias.
It is always slightly unnerving to appear in front of a judge who says something to show that they have personal expertise in a topic, particularly when drawn from their own medical history. Will the judge with a bad back be overly sympathetic to a fellow-sufferer, or take the view that the claimant is making a meal of things? Will the judge be influenced by their own experience – good or bad – while undergoing treatment, or even perhaps use (even subconsciously) what they have been told by their treating doctors as extra-special expert evidence against which the parties’ experts’ opinions will be evaluated? Continue reading “Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees”
In this blog Thea Wilson of 12KBW considers the recent judgment of Thefaut v Johnston in which Green J provides his characteristic clarity of thought on informed consent, materiality in the context of consent and how to deal with medical experts whose independence is called into question.
The facts
The Claimant developed back pain in late 2011. Although it resolved relatively speedily, it reoccurred at the end of January/start of February 2012. After having some treatment through the NHS, the Claimant consulted the Defendant privately in March 2012. The Defendant was described by the Court as a surgeon of long standing, good repute and vast experience. At a consultation on 15th March 2012, the Defendant recommended conservative treatment. He later wrote to the Claimant’s GP noting that her real concern was back pain rather than slight numbness in her left leg. Continue reading “Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017); informed consent, materiality and experts whose independence is called into question”
In this blog Vanessa Cashman of 12KBW considers Darnley v Croydon Health Services NHS Trust where the Court of Appeal considered what, if any duty, is owed by a receptionist of an A&E department to a patient in respect of the provision of information. By a majority it was held that no duty is owed to provide correct information about waiting times.
The facts
On 17 May 2010 the claimant was the victim of an assault, in the course of which he received a violent blow to the head. He was taken to A&E by a friend and they arrived at 8.26pm. On speaking to the receptionist on his arrival, she told him that he might not be seen for up to 4 or 5 hours. The claimant was in significant pain and after 19 minutes of waiting, he decided to go home and take paracetamol. He left at 8.45pm, without notifying the receptionist. Continue reading “Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151; Court of Appeal divided over whether an A&E receptionist owes a duty of care”
This post is by Isaac Hogarth of 12 King’s Bench Walk. Isaac appeared on behalf of AJ’ parents and was instructed by Rosie Nelson and Emily Palmer of Penningtons Manches.
AJ, a 5-year-old boy died from sepsis, following treatment received at Hillingdon Hospital on 22 December 2015. Based on his initial presentation, AJ was treated for croup. However, when he failed to respond positively to that treatment, he was not properly reassessed. There was therefore a significant delay in IV antibiotics being prescribed. HM Coroner gave a narrative conclusion with a rider of neglect, finding that AJ’s death was avoidable and that there were gross failings in the care he received. Continue reading “Inquest touching the death of AJ; unreported 23 March 2017: hospital inquests and findings of neglect”
