Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust

In this blog Vanessa Cashman of 12KBW examines the recent decision of Whipple J in Yah v Medway NHS Foundation Trust [2018] EWHC 2964 (QB), a case concerning a claim by a mother for psychiatric damage arising out of the birth of her daughter. The Claimant brought a claim for psychiatric damage arising out of … Continue reading Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust

Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882

In this post Isaac Hogarth of 12 KBW examines the recent case of Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882 in which the Court of Appeal considered whether to interfere with the trial judge’s findings in relation to whether there had been a negligent failure to detect and remove a portion of … Continue reading Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT [2018] EWCA Civ 1882

The Bolitho Burden: Williams v CWM Taf Local Health Board

In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test. The Facts The Appellant (Claimant at first instance) had a number of health problems including … Continue reading The Bolitho Burden: Williams v CWM Taf Local Health Board

Surgical consent case report: materiality of risk – Montgomery vs Bolam

B v An NHS Trust Isaac Hogarth of 12KBW instructed by Joel Onyems of OP Law (representing the Claimant) discusses a recent case which settled at JSM. The case is of particular interest due to the arguments concerning the objective nature of the test of materiality under Montgomery v Lanarkshire Health Board [2015] UKSC 11 … Continue reading Surgical consent case report: materiality of risk – Montgomery vs Bolam

Paying the price for an incomplete witness statement

In this post Charles Robertshaw of 12KBW examines the recent decision of Lambert J in Duncan Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB). A successful defendant in a clinical negligence case was penalised in costs due to vital evidence being omitted from a witness statement and only elicited for … Continue reading Paying the price for an incomplete witness statement

LOST IN TRANSLATION: the importance of ensuring that medical advice is understood by the patient.

In this post Ted Cunningham of 12KBW examines the recent High Court decision in NILUJAN RAJATHEEPAN v BARKING, HAVERING AND REDBRIDGE NHS FOUNDATION TRUST [2018] EWHC 716 (QB). The case highlights the importance of proper and effective communication between medical professionals and patients who do not have a good grasp of English. In circumstances where … Continue reading LOST IN TRANSLATION: the importance of ensuring that medical advice is understood by the patient.

NOT ME, GUV: Clinical Negligence in Prison – Who is Responsible? Razumas v Ministry of Justice [2018] EWHC 215 (QB)

In this post Rachit Buch of 12KBW examines the recent decision of Cockerill J in Razumas v Ministry of Justice [2018] EWHC 215 (QB), a case concerning two distinct issues: (i) the liability of the MOJ for negligence arising out of healthcare provided in prisons and (ii) fundamental dishonesty in relation to clinical negligence claims. Facts The … Continue reading NOT ME, GUV: Clinical Negligence in Prison – Who is Responsible? Razumas v Ministry of Justice [2018] EWHC 215 (QB)

Sepsis strikes again: administration of wrongly chosen and ineffective antibiotics materially contributes to patient’s death.

Before HM Senior Coroner Christopher P Dorries OBE, Sheffield Coroner’s Court. Narrative conclusion handed down on 11 December 2017. Rory Badenoch represented the family of the Deceased, Kay Morrison, at a 4-day inquest into the circumstances of her death at the Royal Hallamshire Hospital in Sheffield on 21 June 2015. The Coroner concluded that the … Continue reading Sepsis strikes again: administration of wrongly chosen and ineffective antibiotics materially contributes to patient’s death.