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.
Category: Breach of duty
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.
Lacking capacity for certain decisions – East Lancashire Hospitals NHS Trust v GH and what clinical negligence practitioners can learn from it
In this blog post, Henry King discusses the issue of capacity to consent to medical treatment, in light of comments made in the recent Court of Protection case of East Lancashire Hospitals NHS Trust v GH [2021] EWCOP 18.
Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust [2021]: healthcare litigation and human rights
In this post, Megan Griffiths looks at the recent case of Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust [2021]1 WLUK 429, a very sad case concerning the decomposition of a woman's body in a hospital mortuary.
Informed consent in children and young people
In this blog post, Megan Griffiths summarises and analyses the High Court’s recent decision in Bell v Tavistock NHS Trust. This judicial review decision looks at informed consent practices for children and young people with gender dysphoria, whether they can achieve Gillick competence for consenting to puberty blocking treatment, and what such consent processes would require in practice. This decision is likely to impact on guidance specific to gender dysphoria, but the findings on the types of information required for informed consent in young people are also likely to be relevant to other areas of clinical practice.
Pelvic Mesh – Do No Harm
Reflections on the Cumberlege Committee Report from a Clinical Negligence Perspective by Henry Charles and Vanessa Cashman
Breach of duty: Bradfield-Kay v Cope [2020] EWHC 1352 (QB)
In this post, 12KBW pupil Samuel Cuthbert considers the ramifications of the case of Bradfield-Kay v Cope [2020] EWHC 1352 (QB) for the tests set out in Bolam v Friern Hospital Management Committee [1957] 1 WLR 583 and Bolitho v City and Hackney HA [1998] AC 232.
Pneumococcal meningitis judgment: SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB)
In this post, Isaac Hogarth summarises the recent case of SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB), which involved a failure to diagnose pneumococcal meningitis.
William Audland QC and Isaac Hogarth of 12KBW achieve online mediated settlement of catastrophic blindness claim secondary to raised intra-cranial pressure
William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Stewart Young of Stewarts successfully represented the claimant (“C”) in his claim against Imperial College Healthcare NHS Trust (“D”), achieving a settlement of £4.3 million at a video mediation. The claim arose from a delay in treating raised intracranial pressure secondary to … Continue reading William Audland QC and Isaac Hogarth of 12KBW achieve online mediated settlement of catastrophic blindness claim secondary to raised intra-cranial pressure
COVID-19 and Clinical Negligence Claims
Here, Henry Charles, Michael Brace and Lizzie Boulden explain why they consider that COVID-19 related clinical negligence claims arising out of redeployed healthcare professionals are unlikely to succeed on the present law. This should provide considerable comfort to healthcare professionals who are not only bravely risking their lives, but who are also working in unfamiliar roles in the national effort to fight the pandemic.
Clinical Negligence Law 