Thea Wilson considers this recent stroke case which involves issues of causation.
Category: Expert Evidence
Tips on expert evidence
Thea Wilson gives her tips on expert evidence in clinical negligence cases, considering the recent case of Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier.
Michelle Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB)
Samuel Cuthbert writes about this recent case, which involved issues of material contribution as well as defendant expert evidence which appeared to intentionally paint the claimant in a bad light.
Breach of duty: Bradfield-Kay v Cope [2020] EWHC 1352 (QB)
In this post, 12KBW pupil Samuel Cuthbert considers the ramifications of the case of Bradfield-Kay v Cope [2020] EWHC 1352 (QB) for the tests set out in Bolam v Friern Hospital Management Committee [1957] 1 WLR 583 and Bolitho v City and Hackney HA [1998] AC 232.
Pneumococcal meningitis judgment: SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB)
In this post, Isaac Hogarth summarises the recent case of SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB), which involved a failure to diagnose pneumococcal meningitis.
Falling outside the principles of “pure diagnosis” cases: Brady v Southend University Hospitals NHS Foundation Trust [2020] EWHC 158 (QB)
In this post, Henry King of 12KBW examines the limited application of so-called “pure diagnosis” cases in the context of a case where failure to diagnose a patient's abdominal mass as an actinomycosis infection was found to be non-negligent on traditional Bolam / Bolitho principles.
The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB)
In this post Charley Turton of 12KBW discusses the recent decision of HHJ Coe QC (sitting as a High Court Judge) in Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB). The Claimant suffered permanent nerve palsy of the hypoglossal nerves during laryngectomy. In 145 years of the operation being conducted such an … Continue reading The difficulty in establishing negligence when an unrecognised complication arises: Collyer v Mid Essex Hospitals NHS Trust [2019] EWHC 3577 (QB)
Guidance for Medical Experts
In this post, Daniel Sokol of 12KBW looks at the 2019 guidance of the Academy of Royal Medical Colleges for medical experts. As clinical negligence lawyers, we know all too well that the quality of the medical expert evidence can win or lose a case. Hence the importance of careful selection of the expert (including … Continue reading Guidance for Medical Experts
“But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31
In this post Vanessa Cashman of 12KBW examines the recent decision of Lord Pentland [siting in the Outer House of the Scottish Court of Session] in Andrews v Greater Glasgow Health Board [2019] CSOH 31. Summary The deceased attended hospital with vomiting and diarrhoea, both black in colour and was discharged with a diagnosis of … Continue reading “But for” vs Material Contribution and the burden of proof – Andrews v Greater Glasgow Health Board [2019] CSOH 31
Early Chemo-prophylaxis in Neurosurgery and The Battle of The Experts: Lesforis v Tolias
In this post Daniel Sokol of 12KBW examines the recent decision of the Court of Appeal in YVONNE LESFORIS v CHRISTOS TOLIAS [2019] 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
Clinical Negligence Law 