In this post Daniel Sokol of 12KBW examines the recent decision of the Court of Appeal in YVONNE LESFORIS v CHRISTOS TOLIAS  EWCA Civ 487. In May 2018, Mr Justice Spencer found that Mr Christos Tolias, a consultant neurosurgeon, had been negligent in giving his patient heparin too early following spinal surgery. This led … Continue reading Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias
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  UKSC 50
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
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
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 … Continue reading Surgical consent case report: materiality of risk – Montgomery vs Bolam
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 … Continue reading LOST IN TRANSLATION: the importance of ensuring that medical advice is understood by the patient.
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. Facts The … Continue reading NOT ME, GUV: Clinical Negligence in Prison – Who is Responsible? Razumas v Ministry of Justice  EWHC 215 (QB)
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. Facts The Claimant, Mrs Meadows (“C”), claimed damages arising out of the wrongful birth … Continue reading Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?
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)
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 … 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.