Mary Newnham considers the Court of Appeal decision in Hughes v Rattan  EWCA Civ 107, which gives authoritative guidance on non-delegable duty of care and vicarious liability in the context of practice owners providing NHS dentistry services via associate dentists.
Category: Duty of care
Getting your teeth into non-delegable duties and vicarious liability
Mary Newnham considers Hughes v Rattan [2021 EWHC 2032 (QB), an important decision for the dental sector on the issue of legal responsibility of practice owners providing NHS dentistry services via associate dentists, but of interest to all clinical negligence practitioners with its guidance on non-delegable duties and vicarious liability.
Appeal allowed in Bell v Tavistock: the scope of declarations in the judicial review of clinical treatment decisions
In this blog post, Megan Griffiths considers the Court of Appeal’s recent judgment which overturned the High Court’s issue of a declaration and guidance on the ability of minors to consent to puberty-blocking treatment.
Wrongful Birth Revisited: Khan v Meadows  UKSC 21 – the Supreme Court decision
The Supreme Court handed down its decision in this case on Friday, discussed by Ted Cunningham in this post. Helen Waller has previously provided a comprehensive summary of the factual and legal background to this case, which is available here.
Breakingbury v Croad: non-delegable duty in dental negligence
Ted Cunningham discusses this case concerning a dental practice’s owner’s non-delegable duty, where judgment was handed down in April by His Honour Judge Harrison, sitting at Cardiff County Court. The judgment can be accessed here, on the website of the solicitors for the claimant. In short, the Learned Judge held that Mr Croad, a former dentist who had been retired for 20 years and who had sold his practice many years before the litigation commenced, owed a non-delegable duty of care to the Claimant at the material time.
Wrongful Birth Revisited: Khan v Meadows  UKSC 21 – a reminder
To get us all up to speed ahead of this Supreme Court judgment, which is due to be handed down on Friday 28 May, Helen Waller has helpfully set out the background to this case, the decisions of the lower courts, and a summary of the law on wrongful birth claims. We will update this blog post in the next few days with the result of the Supreme Court decision and our analysis of it.
Provision of medical services to NHS patients by a third party – does the NHS Trust owe a duty of care?
In this post, Henry King discusses the case of Hopkins (A Child) v Akramy  EWHC 3445 (QB), in which the court held that an NHS Primary Care Trust did not owe a non-delegable duty of care to protect NHS patients from harm, including harm from the negligent provision of primary medical services by a third party. This case provides useful insight into the court's considerations in a situation where the alleged negligence is by a third party with whom the NHS has contracted to provide healthcare services.
Pneumococcal meningitis judgment: SC v University Hospital Southampton NHS FT  EWHC 1610 (QB)
In this post, Isaac Hogarth summarises the recent case of SC v University Hospital Southampton NHS FT  EWHC 1610 (QB), which involved a failure to diagnose pneumococcal meningitis.
Standard of care in a clinical setting during the Covid-19 crisis
In this article, Isaac Hogarth discusses the issue of the standard of care to be applied to redeployed doctors in a Covid-19 setting. He suggests that legislation would be required to lay down any proposed modifications to the standard of care.