Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias

In this post Daniel Sokol of 12KBW examines the recent decision of the Court of Appeal in YVONNE LESFORIS v CHRISTOS TOLIAS [2019] EWCA Civ 487.

In May 2018, Mr Justice Spencer found that Mr Christos Tolias, a consultant neurosurgeon, had been negligent in giving his patient heparin too early following spinal surgery. This led to the patient suffering a haematoma which, in turn, compressed the spinal cord and resulted in incomplete paraplegia.

Mr Tolias obtained permission to appeal on a single ground: that the judge failed to address the key question, namely whether giving antithrombotic medication to this particular patient within 3 hours of surgery was a breach of duty.

The appeal was dismissed.

Continue reading “Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias”

Recoverability of the costs of surrogacy: XX v Whittington Hospital

This blog is by Charley Turton of 12 King’s Bench Walk

The factual background

The Defendant trust admitted negligence in failing to detect in Ms X signs of cancer from smear tests carried out in 2008 and 2012 and from biopsies performed in 2012 and 2013. Ms X developed cervical cancer for which she required chemo-radiotherapy treatment which in turn led to infertility and severe radiation damage to her bladder, bowel and vagina. Continue reading “Recoverability of the costs of surrogacy: XX v Whittington Hospital”

Forged Consent & Damages for the Cost of Raising a Healthy Child

In this blog Ted Cunningham of 12KBW examines the recent decision in ARB v IVF Hammersmith v R [2018] EWCA Civ 2803 in which the Court of Appeal confirmed that a parent cannot recover the pecuniary cost of bringing up a healthy child, regardless of whether that alleged loss arose in tort or out of a breach of contract.

Continue reading “Forged Consent & Damages for the Cost of Raising a Healthy Child”

Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust

In this blog Vanessa Cashman of 12KBW examines the recent decision of Whipple J in Yah v Medway NHS Foundation Trust [2018] EWHC 2964 (QB), a case concerning a claim by a mother for psychiatric damage arising out of the birth of her daughter.

Continue reading “Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust”

Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882

In this post Isaac Hogarth of 12 KBW examines the recent case of Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882 in which the Court of Appeal considered whether to interfere with the trial judge’s findings in relation to whether there had been a negligent failure to detect and remove a portion of retained placenta following childbirth. The Court also considered in particular whether the trial judge ought to have drawn an adverse inference from the Defendant’s decision not to call a particular doctor as a witness.

Continue reading “Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882”

Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841

This blog is written by Helen Waller, a pupil barrister at 12 King’s Bench Walk.

In Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841 the Court of Appeal reviewed the jurisprudence on the defence of illegality in tort, having been invited to reconsider the present position in light of arguments based on the doctrine of precedent. The Court rejected these arguments and provided a clear statement of the operation of the defence.

The Factual Background

This was a tragic case with a set of facts presenting legal questions that would not look out of place in an undergraduate Law exam. The claimant, Ms Henderson, was a long-time sufferer of mental health conditions variously diagnosed as paranoid schizophrenia or schizoaffective disorder. At the relevant time in 2010 her condition had recently worsened and on 25 August of that year, whilst experiencing a serious psychotic episode, she stabbed her mother to death. Ms Henderson was, at that time, under the care of a mental health team managed and operated by the defendant Trust. An independent NHS investigation found failings by the Trust in Ms Henderson’s care and treatment. However, it also found that, “while the killing of Ms Henderson’s mother could not have been predicted, a serious untoward incident of some kind was foreseeable based upon Ms Henderson’s previous behaviour when experiencing a psychotic episode” (at [4] of the judgment). Continue reading “Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841”