In this blog post, Henry King discusses the issue of capacity to consent to medical treatment, in light of comments made in the recent Court of Protection case of East Lancashire Hospitals NHS Trust v GH  EWCOP 18.
Tag: Breach of duty
Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust : healthcare litigation and human rights
In this post, Megan Griffiths looks at the recent case of Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust 1 WLUK 429, a very sad case concerning the decomposition of a woman's body in a hospital mortuary.
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.
Breach of duty: Bradfield-Kay v Cope  EWHC 1352 (QB)
In this post, 12KBW pupil Samuel Cuthbert considers the ramifications of the case of Bradfield-Kay v Cope  EWHC 1352 (QB) for the tests set out in Bolam v Friern Hospital Management Committee  1 WLR 583 and Bolitho v City and Hackney HA  AC 232.
Pneumococcal meningitis judgment: SC v University Hospital Southampton NHS FT  EWHC 1610 (QB)
In this post, Isaac Hogarth summarises the recent case of SC v University Hospital Southampton NHS FT  EWHC 1610 (QB), which involved a failure to diagnose pneumococcal meningitis.
NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust  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  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.
Falling outside the principles of “pure diagnosis” cases: Brady v Southend University Hospitals NHS Foundation Trust  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.