Category: Informed consent

Essure sterilisation implant litigation: Product liability and clinical negligence post-Cumberlege

Charley Turton begins 2021 with a look ahead to the Essure sterilisation implant litigation, including in particular how it may be impacted by the damning Cumberlege review. What is Essure? Essure, a permanent, non-surgical birth control implant was approved by NICE and first marketed in the UK in 2009. A small coil made from polyester … Continue reading Essure sterilisation implant litigation: Product liability and clinical negligence post-Cumberlege →

Informed consent in children and young people

In this blog post, Megan Griffiths summarises and analyses the High Court’s recent decision in Bell v Tavistock NHS Trust. This judicial review decision looks at informed consent practices for children and young people with gender dysphoria, whether they can achieve Gillick competence for consenting to puberty blocking treatment, and what such consent processes would require in practice. This decision is likely to impact on guidance specific to gender dysphoria, but the findings on the types of information required for informed consent in young people are also likely to be relevant to other areas of clinical practice.

Causation in hypothetical scenarios: the interplay between Bolitho, Bolam & Montgomery

In this post, Christopher Fleming of 12KBW discusses the recent decision in Metcalf v Royal Devon and Exeter NHS Foundation Trust [2019] EWHC 3549 (QB). The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. The test to be applied was set out by Lord Browne-Wilkinson … Continue reading Causation in hypothetical scenarios: the interplay between Bolitho, Bolam & Montgomery →

Fact-finding in consent cases and confirmation, no free-standing claim for damages arising from a failure to warn: Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585

This blog is by Helen Waller and John-Paul Swoboda of 12 KBW The Court of Appeal held that there was no free-standing claim for damages arising from a failure to warn of risks associated with a procedure that, on the facts, the Claimant would have undergone in any event. The facts giving rise to this … Continue reading Fact-finding in consent cases and confirmation, no free-standing claim for damages arising from a failure to warn: Lucy Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585 →

Consent, causation and Chester  – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

This blog is by Vanessa Cashman of 12 King's Bench Walk. Summary The claimant underwent a total abdominal hysterectomy and bilateral salpingo-oophorectomy in order to treat extremely painful and heavy periods. She was 41 years old at the time. The operation was performed non-negligently on 25 March 2008. Following surgery the claimant developed Chronic Post-Surgical … Continue reading Consent, causation and Chester  – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 →