In this post Farhana Mukith discusses the case of Shaw v (1) Kovac & (2) University Hospitals of Leicester NHS Trust  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?
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  EWCA Civ 336: Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
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  EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?
In this blog Thea Wilson of 12KBW considers the recent judgment of Thefaut v Johnston in which Green J provides his characteristic clarity of thought on informed consent, materiality in the context of consent and how to deal with medical experts whose independence is called into question. The facts The Claimant developed back pain in … Continue reading Thefaut v Johnston  EWHC 497 (QB) (14 March 2017); informed consent, materiality and experts whose independence is called into question