Legal reform

What now for fixed costs in clinical negligence litigation?

In this blog Isaac Hogarth of 12 KBW considers the the recent Jackson report on fixed costs.

In July 2017, Sir Rupert Jackson’s Review of Civil Litigation Costs: Supplemental Report, Fixed Recoverable Costs was published.

The most significant part of the report for personal injury practitioners relates to the proposed introduction of a new track, to be known as the “intermediate track”, to include personal injury claims valued at £25,000 to £100,000. Sir Rupert proposes that there be a table of fixed recoverable costs under this new track.

In relation to clinical negligence litigation, however, no concrete proposals have been put forward. Chapter 8 of the Report relates to fixed costs proposals in clinical negligence. Continue reading “What now for fixed costs in clinical negligence litigation?” →

Breach of duty, Causation, Duty of care

Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.

In this post Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB), yet another case involving the delayed identification of sepsis in a busy A&E department. The recent case of Darnley v Croydon NHS Trust [2017] EWCA Civ 151 was also considered and distinguished.

Continue reading “Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.” →

Breach of duty, Causation, Cosmetic Surgery, Duty of care

TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.

In this post Vanessa Cashman of 12KBW discusses the recent decision of HHJ Graham Wood QC (sitting as a Deputy High Court Judge) in Tracey Giles v Alexandra Chambers, a rare reported case involving cosmetic surgery.

The Claimant underwent VASER liposuction removal of fat from her thighs and buttocks at the Defendant’s private clinic.

Continue reading “TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.” →

Inquests

Inquest touching the death of Petra Salova before HM Senior Coroner Mary Hassell, St Pancras Coroner’s Court 14/6/17 & 29/6/17. Delayed diagnosis of cancer leads to premature death of mother.

Rory Badenoch of 12KBW represented the family of Petra Salova at the inquest in to her death at University College London Hospital [“UCLH”] on 23rd December 2016 following treatment received at North Middlesex University Hospital [“NMHU”] between 4th and 21st December 2016.

Facts

Petra Salova, a 38-year-old fitness instructor, was 25 weeks pregnant with her second child when she was admitted to North Middlesex Hospital Maternity Triage on 04/12/2016 complaining of a persistent dry cough, vomiting, abdominal pain, diarrhoea and a history of weight loss over the previous 3 weeks.

A catalogue of care and service delivery problems was identified in Petra’s treatment and management at NMUH between 4/12/16 and 21/12/16 which led to a delay in diagnosis of her stomach cancer. These included deficiencies in observations, planning, communication, oversight, investigation, interpretation of imaging, and diagnosis.

Continue reading “Inquest touching the death of Petra Salova before HM Senior Coroner Mary Hassell, St Pancras Coroner’s Court 14/6/17 & 29/6/17. Delayed diagnosis of cancer leads to premature death of mother.” →

Assessment of Damages, Quantum

JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate

In this post Thea Wilson of 12 KBW discusses the recent decision of Davis J in JR  v Sheffield Teaching Hospitals NHS Foundation Trust.  The Court dealt chiefly with the discount rate change in relation to accommodation claims and with lost years claims. In relation to the former, it was held that no capital sum was recoverable; in respect of the latter that a claim would be allowed even where there were no dependents.

Continue reading “JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate” →

Breach of duty, Duty of care, Informed consent

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 that medical practitioners could be liable for failing to inform family members of a diagnosis where there was definite, reliable and critical medical information as would be the case in clinical genetics.

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?” →

Breach of duty

FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims

Tim Petts and Ted Cunningham of 12KBW consider this important decision where the Court of Appeal discussed the appropriate standard of care for different ranks of healthcare professionals.

In FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, the Court of Appeal overturned a first-instance decision that a junior doctor had not been negligent when examining a one-year-old girl and taking a history from her parents in the early hours of the morning.  Dr R, the senior house officer (SHO) who saw her in A&E, reached a view that FB was probably suffering from a chest infection and discharged her.  Tragically, FB returned to hospital that evening, severely unwell, and was thereafter diagnosed with pneumococcal meningitis and multiple brain infarcts.  She now has permanent brain damage.

Jackson LJ looked at the general principles of what the law should expect from young professionals near the start of their career.  Continue reading “FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum of seniority for professionals in negligence claims” →

Causation, Informed consent

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. 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?” →

Breach of duty, Causation

RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case

In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB) the infant claimant suffered a brain injury during her protracted birth. Her mother and grandmother sustained psychiatric injuries following sight of the baby, who was born in an extremely poor condition.

William Featherby QC and Vanessa Cashman of 12KBW succeeded in obtaining judgment on behalf of all three claimants. Vanessa discusses the case in this post.

Continue reading “RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case” →

Breach of duty, Causation

SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.

Co-editor of the 12KBW Clinical Negligence blog Rory Badenoch considers the recent Court of Appeal case of Barnett, one of the rare cases in which a judge’s inability to resolve an issue of fact had been justified (Stephens v Cannon [2005] EWCA Civ 222 and Verlander v Devon Waste Management [2007] EWCA Civ 835 applied). Also of note was the Court of Appeal’s criticism of the brevity of the judgment at first instance. This criticism was held to be of particular importance where a key issue is decided on the basis that a claimant has failed to discharge the burden of proof.

Continue reading “SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.” →