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)
Category: Breach of duty
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.
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?
FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims
Tim Petts and Ted Cunningham of 12KBW consider this important decision where the Court of Appeal discussed the appropriate standard of care for different ranks of healthcare professionals. In FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, the Court of Appeal overturned a first-instance decision that a junior doctor had not been negligent … Continue reading FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims
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.
Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees
In this blog Tim Petts of 12 KBW considers the recent Court of Appeal case of Willmott where the judge at first instance was accused of bias. It is always slightly unnerving to appear in front of a judge who says something to show that they have personal expertise in a topic, particularly when … Continue reading Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees
Bolam under attack: Muller v Kings College Hospital and Webster v Burton Hospitals
This post considering the standing of the Bolam principle is by David Sanderson of 12 King's Bench Walk. Two judgments handed down this month explore the boundaries of the Bolam principle and limit its application. In the first, Kerr J doubted that Bolam was apposite where the court is concerned, not with a choice between two … Continue reading Bolam under attack: Muller v Kings College Hospital and Webster v Burton Hospitals
Clinical Negligence Law 