In this post, 12KBW pupil Samuel Cuthbert considers the ramifications of the case of Bradfield-Kay v Cope  EWHC 1352 (QB) for the tests set out in Bolam v Friern Hospital Management Committee  1 WLR 583 and Bolitho v City and Hackney HA  AC 232.
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.
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.
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  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  EWHC 3577 (QB)
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
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  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  CSOH 31
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
In this blog Vanessa Cashman of 12KBW examines the recent decision of Whipple J in Yah v Medway NHS Foundation Trust  EWHC 2964 (QB), a case concerning a claim by a mother for psychiatric damage arising out of the birth of her daughter. The Claimant brought a claim for psychiatric damage arising out of … Continue reading Mothers in Childbirth – Primary or Secondary Victims? Yah v Medway NHS Foundation Trust
In this post Isaac Hogarth of 12 KBW examines the recent case of Manzi v King’s College Hospital NHS FT  EWCA Civ 1882 in which the Court of Appeal considered whether to interfere with the trial judge’s findings in relation to whether there had been a negligent failure to detect and remove a portion of … Continue reading Witnesses of fact: to call, or not to call? Manzi v King’s College Hospital NHS FT  EWCA Civ 1882
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