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.
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  UKSC 11 and its interplay with Bolam principles.
In this post Ted Cunningham of 12KBW examines the recent High Court decision in NILUJAN RAJATHEEPAN v BARKING, HAVERING AND REDBRIDGE NHS FOUNDATION TRUST  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 medical professionals believe that they have communicated effectively, that belief must be objectively reasonable.
In this post Rachit Buch of 12KBW examines the recent decision of Cockerill J in Razumas v Ministry of Justice  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.
In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan  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.
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.
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  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  EWCA Civ 151 was also considered and distinguished.
Continue reading “Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  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 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.
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 that medical practitioners could be liable for failing to inform family members of a diagnosis where there was definite, reliable and critical medical information as would be the case in clinical genetics.
In this blog Vanessa Cashman of 12KBW considers Darnley v Croydon Health Services NHS Trust where the Court of Appeal considered what, if any duty, is owed by a receptionist of an A&E department to a patient in respect of the provision of information. By a majority it was held that no duty is owed to provide correct information about waiting times.
On 17 May 2010 the claimant was the victim of an assault, in the course of which he received a violent blow to the head. He was taken to A&E by a friend and they arrived at 8.26pm. On speaking to the receptionist on his arrival, she told him that he might not be seen for up to 4 or 5 hours. The claimant was in significant pain and after 19 minutes of waiting, he decided to go home and take paracetamol. He left at 8.45pm, without notifying the receptionist. Continue reading “Darnley v Croydon Health Services NHS Trust  EWCA Civ 151; Court of Appeal divided over whether an A&E receptionist owes a duty of care”