Samuel Cuthbert writes about this recent case, which involved issues of material contribution as well as defendant expert evidence which appeared to intentionally paint the claimant in a bad light.
Author: Elizabeth Boulden
Ex Turpi Causa – Is Illegality Still a Good Defence in Civil Claims?
In this post, Dr David Sharpe QC considers the defence of illegality in the context of clinical negligence following the Supreme Court judgment in Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) (Appellant) v Dorset Healthcare University NHS Foundation Trust (Respondent) [2020] UKSC43.
William Audland QC and Isaac Hogarth settle Spinal Epidural Haematoma Clinical Negligence Claim at JSM weeks before liability trial
William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Hugh Johnson of Stewarts successfully represented the claimant (“C”) in his claim against University College London Hospitals NHS Trust (“D”), weeks before the start of a trial on liability, achieving a settlement of £4.5 million at a video Joint Settlement Meeting (JSM).
Breach of duty: Bradfield-Kay v Cope [2020] EWHC 1352 (QB)
In this post, 12KBW pupil Samuel Cuthbert considers the ramifications of the case of Bradfield-Kay v Cope [2020] EWHC 1352 (QB) for the tests set out in Bolam v Friern Hospital Management Committee [1957] 1 WLR 583 and Bolitho v City and Hackney HA [1998] AC 232.
Secondary victim claims Part 2: A differing view on Paul v Royal Wolverhampton NHS Trust
In this blog post, Rachit Buch writes in support of the recent decision made in the case of Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB).
Pneumococcal meningitis judgment: SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB)
In this post, Isaac Hogarth summarises the recent case of SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB), which involved a failure to diagnose pneumococcal meningitis.
Secondary victim claims in clinical negligence actions
In this article, Ronald Walker QC gives his thoughts on why he considers that the recent appeal case of Paul v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 was wrongly decided.
Standard of care in a clinical setting during the Covid-19 crisis
In this article, Isaac Hogarth discusses the issue of the standard of care to be applied to redeployed doctors in a Covid-19 setting. He suggests that legislation would be required to lay down any proposed modifications to the standard of care.
Cross-border clinical negligence: Harry Roberts v (1) SSAFA (2) MOD v AKV (Part 20) [2020] EWHC 994 (QB)
In this blog post, 12KBW pupil Cressida Mawdesley-Thomas looks at the recent case of Harry Roberts v (1) SSAFA (2) MOD v AKV (Part 20) [2020] EWHC 994 (QB), which involved allegations of clinical negligence arising out of the claimant's birth in a German hospital serving British military personnel and their families. The judgment relates to the issues of applicable law and limitation rather than substantive clinical negligence matters; however, it is useful for practitioners dealing with claims where the index treatment has occurred abroad.
COVID-19 and Clinical Negligence Claims
Here, Henry Charles, Michael Brace and Lizzie Boulden explain why they consider that COVID-19 related clinical negligence claims arising out of redeployed healthcare professionals are unlikely to succeed on the present law. This should provide considerable comfort to healthcare professionals who are not only bravely risking their lives, but who are also working in unfamiliar roles in the national effort to fight the pandemic.
