Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records. The Facts In 2016, the Claimant, a young woman suffering from … Continue reading When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB)
Author: Editor - Christopher Fleming
Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB)
Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.
Paul (and others) v Royal Wolverhampton NHS Trust (and others) [2024] UKSC 1: Secondary victims in medical negligence claims – it is all “A Novo”,again.
12 KBW's Cressida Mawdesley-Thomas looks at the Supreme Court’s recent decision and the likely difficulties it poses to those seeking to bring secondary victim claims in a medical negligence context.
RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer
Isaac Hogarth of 12 King’s Bench Walk, instructed by Jasicca Nava of Irwin Mitchell successfully represented the claimant (‘C’) in her claim against Dr King (‘D’). The settlement, reached at a JSM, was approved by HHJ Dunne, sitting as a judge of the High Court on 13 October 2023. The facts In 2013, when ALB … Continue reading RLB (in her personal capacity and as executrix of the estate of ALB, deceased) v Dr K: Isaac Hogarth secures £1.75 million settlement for widow and children after young father dies due to undiagnosed bowel cancer
Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go
Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.
CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room
Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important of material contribution.
McCullough and others v Forth Valley Health Board [2023] UKSC 26: Montgomery revisited
John-Paul Swoboda and Chris Fleming consider the Supreme Court’s decision clarifying the correct test to apply when considering what treatment options a doctor is under a duty to discuss with a patient.
Bilal and Malik v St George’s University Hospital NHS Foundation Trust [2023] EWCA Civ 605: informed consent in treatment options.
Christopher Fleming looks at a recent Court of Appeal decision which considered whether the Bolam test has any place in determining what alternative forms of treatment should be discussed with patients.
Clinical Negligence Law 