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 [2018] UKSC 50
Category: Breach of duty
Staff shortage contributes to death of 4 year old
Vanessa Cashman of 12KBW was instructed by Mrs Shah in relation to a claim arising out of the death of her 4 year old daughter Nailah in July 2014 at Whipps Cross Hospital. Link to news article: Evening Standard Article
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
Consent, causation and Chester – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307
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 [2018] EWCA Civ 1307
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)
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?
Clinical Negligence Law 