In this post Tim Petts of 12KBW considers the widely reported decision of Jay J in ARB v IVF Hammersmith Ltd, a sad case involving the implantation of an embryo without the consent of the father (who had previously separated from the mother) resulting in the birth of a child he did not want.
In this blog Isaac Hogarth of 12 KBW considers the the recent Jackson report on fixed costs.
In July 2017, Sir Rupert Jackson’s Review of Civil Litigation Costs: Supplemental Report, Fixed Recoverable Costs was published.
The most significant part of the report for personal injury practitioners relates to the proposed introduction of a new track, to be known as the “intermediate track”, to include personal injury claims valued at £25,000 to £100,000. Sir Rupert proposes that there be a table of fixed recoverable costs under this new track.
In relation to clinical negligence litigation, however, no concrete proposals have been put forward. Chapter 8 of the Report relates to fixed costs proposals in clinical negligence. Continue reading “What now for fixed costs in clinical negligence litigation?”
In this post Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB), yet another case involving the delayed identification of sepsis in a busy A&E department. The recent case of Darnley v Croydon NHS Trust  EWCA Civ 151 was also considered and distinguished.
Continue reading “Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.”
In this post Vanessa Cashman of 12KBW discusses the recent decision of HHJ Graham Wood QC (sitting as a Deputy High Court Judge) in Tracey Giles v Alexandra Chambers, a rare reported case involving cosmetic surgery.
The Claimant underwent VASER liposuction removal of fat from her thighs and buttocks at the Defendant’s private clinic.
Rory Badenoch of 12KBW represented the family of Petra Salova at the inquest in to her death at University College London Hospital [“UCLH”] on 23rd December 2016 following treatment received at North Middlesex University Hospital [“NMHU”] between 4th and 21st December 2016.
Petra Salova, a 38-year-old fitness instructor, was 25 weeks pregnant with her second child when she was admitted to North Middlesex Hospital Maternity Triage on 04/12/2016 complaining of a persistent dry cough, vomiting, abdominal pain, diarrhoea and a history of weight loss over the previous 3 weeks.
A catalogue of care and service delivery problems was identified in Petra’s treatment and management at NMUH between 4/12/16 and 21/12/16 which led to a delay in diagnosis of her stomach cancer. These included deficiencies in observations, planning, communication, oversight, investigation, interpretation of imaging, and diagnosis.
Continue reading “Inquest touching the death of Petra Salova before HM Senior Coroner Mary Hassell, St Pancras Coroner’s Court 14/6/17 & 29/6/17. Delayed diagnosis of cancer leads to premature death of mother.”
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.
Continue reading “JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate”
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.
In FB v Princess Alexandra Hospital NHS Trust  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  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  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  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.