William Audland QC and Isaac Hogarth of 12 King’s Bench Walk, instructed by Stewart Young of Stewarts successfully represented the claimant (“C”) in his claim against Imperial College Healthcare NHS Trust (“D”), achieving a settlement of £4.3 million at a video mediation. The claim arose from a delay in treating raised intracranial pressure secondary to … Continue reading William Audland QC and Isaac Hogarth of 12KBW achieve online mediated settlement of catastrophic blindness claim secondary to raised intra-cranial pressure
Cross-border clinical negligence: Harry Roberts v (1) SSAFA (2) MOD v AKV (Part 20) [2020] EWHC 994 (QB)
In this blog post, 12KBW pupil Cressida Mawdesley-Thomas looks at the recent case of Harry Roberts v (1) SSAFA (2) MOD v AKV (Part 20) [2020] EWHC 994 (QB), which involved allegations of clinical negligence arising out of the claimant's birth in a German hospital serving British military personnel and their families. The judgment relates to the issues of applicable law and limitation rather than substantive clinical negligence matters; however, it is useful for practitioners dealing with claims where the index treatment has occurred abroad.
COVID-19 and Clinical Negligence Claims
Here, Henry Charles, Michael Brace and Lizzie Boulden explain why they consider that COVID-19 related clinical negligence claims arising out of redeployed healthcare professionals are unlikely to succeed on the present law. This should provide considerable comfort to healthcare professionals who are not only bravely risking their lives, but who are also working in unfamiliar roles in the national effort to fight the pandemic.
Developing an ICU Triage Protocol for COVID-19
In this blog, Daniel Sokol of 12KBW talks of his experience as a barrister and medical ethicist developing an ICU triage protocol for COVID-19. Daniel writes for the British Medical Journal on medical ethics and has also written books on the subject.
NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB)
In this blog post, Helen Waller of 12KBW discusses the case of NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB), which involved a birth injury due to clinical negligence. Although it is a case largely based on its own facts, it is nonetheless an example of careful judicial analysis of complex and detailed expert evidence. It demonstrates the importance of the parties and the court having a full understanding of the medical issues in order to properly address both breach and causation.
Who to sue? Doctor held to be an independent contractor in Barclays Bank plc v Various Claimants [2020] UKSC 13
In this blog post, pupils Cressida Mawdesley-Thomas and Tim Goodwin discuss the recent case of Barclays Bank plc v Various Claimants [2020] UKSC 13. Whilst this might more appropriately fall under the definition of an employer's liability case, it is worth noting that this case centred on the activities of a doctor, and therefore it provides useful guidance on who might be the correct defendant in a case relating to medical professionals who appear to be acting as "independent contractors".
Public policy shift in the court’s approach to surrogacy arrangements: Whittington Hospital NHS Trust v XX [2020] UKSC 14
Public policy shift in the court’s approach to surrogacy arrangements: Whittington Hospital NHS Trust v XX [2020] UKSC 14
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.
Update – message from the new co-editors
A message from Lizzie Boulden and Charley Turton Dear blog readers, We write by way of introduction and to pass our sincere thanks to outgoing editor, Rory Badenoch, who over the past three years has done a stellar job co-ordinating the blog in collaboration with John-Paul Swoboda. Thank you, Rory. John-Paul remains in post as editor-in-chief. As incoming … Continue reading Update – message from the new co-editors
ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
In this post Helen Waller of 12KBW discusses Mrs Justice Yip’s dismissal of a claim that sought to establish that a doctor owed a duty of care to disclose a patient’s hereditary disease to his child. An earlier appeal of a strike out application in this tragic case has already been reported on by Rachit … Continue reading ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) Does a doctor owe a duty of care to disclose a hereditary disease to a patient’s child?
