In this post Helen Waller of 12KBW discusses Mrs Justice Yip’s dismissal of a claim that sought to establish that a doctor owed a duty of care to disclose a patient’s hereditary disease to his child. An earlier appeal of a strike out application in this tragic case has already been reported on by Rachit … Continue reading ABC v St George’s Healthcare NHS Trust & Ors  EWHC 455 (QB) Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
This blog is by Helen Waller and John-Paul Swoboda of 12 KBW The Court of Appeal held that there was no free-standing claim for damages arising from a failure to warn of risks associated with a procedure that, on the facts, the Claimant would have undergone in any event. The facts giving rise to this … Continue reading Fact-finding in consent cases and confirmation, no free-standing claim for damages arising from a failure to warn: Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust  EWCA Civ 585
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 … Continue reading Recoverability of the costs of surrogacy: XX v Whittington Hospital
This blog is by Helen Waller of 12 King's Bench Walk. Is an NHS Trust liable in negligence for the acts or omissions of its administrative staff? The Supreme Court provides an answer: a unanimous yes. Background This case arose from unfortunate, but sadly not entirely surprising facts. Mr Darnley, then aged 26, was assaulted … Continue reading Caparo is no panacea and hospitals’ duties are owed by medical and non-medical staff alike: Darnley v Croydon Health Services NHS Trust  UKSC 50
This blog is written by Helen Waller, a pupil barrister at 12 King's Bench Walk. In Henderson v Dorset Healthcare NHS Trust  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 … Continue reading Clarity for illegality as stare decisis lives to fight another day: Henderson v Dorset Healthcare NHS Trust  EWCA Civ 1841
This blog is by Vanessa Cashman of 12 King's Bench Walk. Summary The claimant underwent a total abdominal hysterectomy and bilateral salpingo-oophorectomy in order to treat extremely painful and heavy periods. She was 41 years old at the time. The operation was performed non-negligently on 25 March 2008. Following surgery the claimant developed Chronic Post-Surgical … Continue reading Consent, causation and Chester – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust  EWCA Civ 1307
This blog is written by John-Paul Swoboda of 12KBW. The Court of Appeal’s decision in Smith shone a light upon an inadequacy in the law which clinical negligence lawyers have long been aware of; the criteria to determine eligibility for a bereavement award pursuant to section 1A of the Fatal Accidents Act 1976 is unjustifiably … Continue reading Smith v Lancashire Teaching Hospitals NHS Foundation Trust & ors  EWHC 2208 (QB): the eligibility criteria for a bereavement award are inconsistent with the values of modern Britain
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 … Continue reading What now for fixed costs in clinical negligence litigation?
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?