In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan [2017] EWHC 2990 (QB), a case concerning the recoverability of additional costs arising out of a disability unconnected with the negligent failure to diagnose that led to a wrongful birth. Facts The Claimant, Mrs Meadows (“C”), claimed damages arising out of the wrongful birth … Continue reading Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?
Author: Rory Badenoch
Failure to obtain informed consent: is there a free-standing right to damages?
In this post Farhana Mukith discusses the case of Shaw v (1) Kovac & (2) University Hospitals of Leicester NHS Trust [2017] EWCA Civ 1028, in which the Court of Appeal considered whether compensation for the unlawful invasion of a patient’s personal rights ought to be recognised as a separate and free-standing cause of action. … Continue reading Failure to obtain informed consent: is there a free-standing right to damages?
Mouldy pig nuts, forgery and an unwanted daughter – the sad case of ARB v IVF Hammersmith Ltd EWHC 2438 (QB)
In this post Tim Petts of 12KBW considers the widely reported decision of Jay J in ARB v IVF Hammersmith Ltd, a sad case involving the implantation of an embryo without the consent of the father (who had previously separated from the mother) resulting in the birth of a child he did not want. Some judges have an endearing habit of praising … Continue reading Mouldy pig nuts, forgery and an unwanted daughter – the sad case of ARB v IVF Hammersmith Ltd EWHC 2438 (QB)
Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.
In this post Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB), yet another case involving the delayed identification of sepsis in a busy A&E department. The recent case of Darnley v Croydon NHS Trust [2017] EWCA Civ … Continue reading Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.
TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.
In this post Vanessa Cashman of 12KBW discusses the recent decision of HHJ Graham Wood QC (sitting as a Deputy High Court Judge) in Tracey Giles v Alexandra Chambers, a rare reported case involving cosmetic surgery. The Claimant underwent VASER liposuction removal of fat from her thighs and buttocks at the Defendant’s private clinic. VASER … Continue reading TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.
Inquest touching the death of Petra Salova before HM Senior Coroner Mary Hassell, St Pancras Coroner’s Court 14/6/17 & 29/6/17. Delayed diagnosis of cancer leads to premature death of mother.
Rory Badenoch of 12KBW represented the family of Petra Salova at the inquest in to her death at University College London Hospital [“UCLH”] on 23rd December 2016 following treatment received at North Middlesex University Hospital [“NMHU”] between 4th and 21st December 2016. Facts Petra Salova, a 38-year-old fitness instructor, was 25 weeks pregnant with her second … Continue reading Inquest touching the death of Petra Salova before HM Senior Coroner Mary Hassell, St Pancras Coroner’s Court 14/6/17 & 29/6/17. Delayed diagnosis of cancer leads to premature death of mother.
JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate
In this post Thea Wilson of 12 KBW discusses the recent decision of Davis J in JR v Sheffield Teaching Hospitals NHS Foundation Trust. The Court dealt chiefly with the discount rate change in relation to accommodation claims and with lost years claims. In relation to the former, it was held that no capital sum was … Continue reading JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate
ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
In this post Rachit Buch of 12KBW discusses the Court of Appeal's recent reversal of Nicol J’s decision to strike out a claim on the basis that a doctor did not owe a duty of care to disclose a patient's hereditary disease to his child. Overturning the decision the Court of Appeal held that it was arguable … Continue reading ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case
In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB) the infant claimant suffered a brain injury during her protracted birth. Her mother and grandmother sustained psychiatric injuries following sight of the baby, who was born in an extremely poor condition. William Featherby QC and Vanessa Cashman of 12KBW succeeded in obtaining judgment … Continue reading RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case
SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.
Co-editor of the 12KBW Clinical Negligence blog Rory Badenoch considers the recent Court of Appeal case of Barnett, one of the rare cases in which a judge’s inability to resolve an issue of fact had been justified (Stephens v Cannon [2005] EWCA Civ 222 and Verlander v Devon Waste Management [2007] EWCA Civ 835 applied). … Continue reading SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.
Clinical Negligence Law 