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 … Continue reading ABC v St George’s Healthcare NHS Foundation Trust  EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
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  EWCA Civ 334, the Court of Appeal overturned a first-instance decision that a junior doctor had not been negligent … 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. The Facts The claim arose from the surgical treatment of a painful recurrent neuroma (benign tumour of the nerve tissue) in … 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?