Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?

In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan [2017] EWHC 2990 (QB), a  case concerning the recoverability of additional costs arising out of a disability unconnected with the negligent failure to diagnose that led to a wrongful birth.

Continue reading “Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?”

Failure to obtain informed consent: is there a free-standing right to damages?

In this post Farhana Mukith discusses the case of Shaw v (1) Kovac & (2) University Hospitals of Leicester NHS Trust [2017] EWCA Civ 1028, in which the Court of Appeal considered whether compensation for the unlawful invasion of a patient’s personal rights ought to be recognised as a separate and free-standing cause of action.

Continue reading “Failure to obtain informed consent: is there a free-standing right to damages?”

Mouldy pig nuts, forgery and an unwanted daughter – the sad case of ARB v IVF Hammersmith Ltd EWHC 2438 (QB)

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.

Continue reading “Mouldy pig nuts, forgery and an unwanted daughter – the sad case of ARB v IVF Hammersmith Ltd EWHC 2438 (QB)”

What now for fixed costs in clinical negligence litigation?

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?”

TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.

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.

Continue reading “TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.”

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.

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.

Facts

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.”

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 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”

ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?

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.

Continue reading “ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?”

FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims

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”