Causation in hypothetical scenarios: the interplay between Bolitho, Bolam & Montgomery

In this post, Christopher Fleming of 12KBW discusses the recent decision in Metcalf v Royal Devon and Exeter NHS Foundation Trust [2019] EWHC 3549 (QB). The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. The test to be applied was set out by Lord Browne-Wilkinson … Continue reading Causation in hypothetical scenarios: the interplay between Bolitho, Bolam & Montgomery

The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB)

In this post Charley Turton of 12KBW discusses the recent decision of HHJ Coe QC (sitting as a High Court Judge) in Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB). The Claimant suffered permanent nerve palsy of the hypoglossal nerves during laryngectomy. In 145 years of the operation being conducted such an … Continue reading The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB)

Memory and the documentary record in cases involving disputes of fact

In this post James Beeton of 12 KBW discusses the decision of HHJ Gore QC (sitting as a Deputy High Court Judge) in  CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB), a clinical negligence claim involving a disputed documentary record. The case is of particular interest because of the judge’s concerns … Continue reading Memory and the documentary record in cases involving disputes of fact

New book on claims arising from sepsis, meningitis and meningococcal disease

In this post Isaac Hogarth of 12KBW discusses his new book 'A Practical Guide to Sepsis and Meningitis Claims', ahead of its launch later this month. Infectious diseases (such as meningitis), and sepsis are terrifying. One of the very first clinical negligence inquests on which I was instructed involved a child who died from sepsis, … Continue reading New book on claims arising from sepsis, meningitis and meningococcal disease

Neonatal death contributed to by Neglect

Before HM Senior Mrs Caroline Beasley-Murray, Essex Coroner’s Court. Narrative conclusion handed down on 30 July 2019. Rory Badenoch, instructed by Hugh James Solicitors, represented the family of the Deceased, Ennis Pecaku, at a 3-day inquest into the circumstances of his death from perinatal asphyxia at Basildon Hospital. The Coroner concluded that there were serious … Continue reading Neonatal death contributed to by Neglect

ATE Premiums recoverable in Clinical Negligence claims

In this post Richard Viney of 12KBW examines the recent case of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust in which the Court of Appeal ruled that block-rated ATE premia will be recoverable for the ‘foreseeable’ future. Clinical negligence is one of the limited areas where ATE insurance premiums are … Continue reading ATE Premiums recoverable in Clinical Negligence claims

“But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31

In this post Vanessa Cashman of 12KBW examines the recent decision of Lord Pentland [siting in the Outer House of the Scottish Court of Session] in Andrews v Greater Glasgow Health Board [2019] CSOH 31. Summary The deceased attended hospital with vomiting and diarrhoea, both black in colour and was discharged with a diagnosis of … Continue reading “But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31

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

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