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

Surgical consent case report: materiality of risk – Montgomery vs Bolam

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 [2015] UKSC 11 … Continue reading Surgical consent case report: materiality of risk – Montgomery vs Bolam

LOST IN TRANSLATION: the importance of ensuring that medical advice is understood by the patient.

In this post Ted Cunningham of 12KBW examines the recent High Court decision in NILUJAN RAJATHEEPAN v BARKING, HAVERING AND REDBRIDGE NHS FOUNDATION TRUST [2018] 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.

Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?

In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan [2017] 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?

Failure to obtain informed consent: is there a free-standing right to damages?

In this post Farhana Mukith discusses the case of Shaw v (1) Kovac & (2) University Hospitals of Leicester NHS Trust [2017] EWCA Civ 1028, in which the Court of Appeal considered whether compensation for the unlawful invasion of a patient’s personal rights ought to be recognised as a separate and free-standing cause of action. … Continue reading Failure to obtain informed consent: is there a free-standing right to damages?

ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?

In this post Rachit Buch of 12KBW discusses the Court of Appeal's recent reversal of Nicol J’s decision to strike out a claim on the basis that a doctor did not owe a duty of care to disclose a patient's hereditary disease to his child. Overturning the decision the Court of Appeal held that it was arguable … Continue reading ABC v St George’s Healthcare NHS Foundation Trust [2017] EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?

Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?

In this blog Isaac Hogarth of 12KBW discusses the recent judgment of the Court of Appeal which considers the limits of the causation principles set down by the House of Lords in Chester v Afshar. The Facts The claim arose from the surgical treatment of a painful recurrent neuroma (benign tumour of the nerve tissue) in … Continue reading Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?