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Medical Law Reports RSS feed

RAQEEB v BARTS HEALTH NHS TRUST (COSTS)

Costs – Whether costs to follow the event in Children Act proceedings – Whether costs to follow the event in judicial review – Exercise of costs discretion – Children Act 1989, section 8 – Children Act 2004, section 11(2)(a) – Civil Procedure Rules, rr 44.2, 44.10 – Family Procedure Rules, r 28.1 – Senior Courts Act 1981, sections 31(2A), 51(1)(b).

[2020] Med LR 17

JK v A LOCAL HEALTH BOARD

Autism Spectrum Disorder – Psychiatric hospital – Refusal to eat – Mental capacity – Force feeding – Manifestation of mental disorder – Treatment to alleviate or prevent a worsening of mental disorder – Mental Health Act 1983, section 63 – Inherent jurisdiction – Declaratory relief.

[2020] Med LR 31

BELL (A PROTECTED PARTY SUING BY HER STEPFATHER AND LITIGATION FRIEND URSELL) v BEDFORD HOSPITAL NHS TRUST

Clinical negligence – Failure to diagnose transient ischaemic attacks and the possibility of stroke – Whether defendant in breach of duty – Whether subsequent major stroke was caused by atherosclerosis amenable to medication – Whether claimant would have been compliant with such treatment – Whether such treatment would have prevented the major stroke from occurring.

[2020] Med LR 44

UWEN v GENERAL MEDICAL COUNCIL

Medical Practitioners Tribunal of the General Medical Council – Whether test of dishonesty correctly applied – Whether sanction of erasure from the Medical Register disproportionate.

[2020] Med LR 78

R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP

Application for judicial review of NHS Clinical Commissioning Group's refusal of NHS Continuing Healthcare – Eligibility for NHS Continuing Healthcare – Status of National Framework for NHS Continuing Healthcare – Whether need for nursing care determinative of eligibility for NHS Continuing Healthcare.

[2020] Med LR 84

JESUDASON v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST

Protected disclosures – Whistle-blowing – NHS Trusts – Disclosures to other persons, media – Post-employment disclosures – Detriment – Reason for treatment – Direct race discrimination – Rule in Browne v Dunn.

[2020] Med LR 105

GUYS AND ST THOMAS’ NHS FOUNDATION TRUST AND ANOTHER v R

Capacity – Mental Capacity Act 2005 – Inherent jurisdiction – Jurisdiction – Urgent application – Delay – Contingent declarations – Pregnancy – Caesarean section – Best interests – Obstetric planning – Autonomy.

[2020] Med LR 135

BARCLAYS BANK PLC v VARIOUS CLAIMANTS

Vicarious liability – Independent contractor – Relationships akin to employment – Pre-employment medical examinations – Sexual assault.

[2020] Med LR 155

RE M (DECLARATION OF DEATH OF CHILD)

Death – Babies – Medical treatment – Declaration of death – Definition of death – Brainstem death – Withdrawal of mechanical ventilation – Expert evidence – Reporting restrictions – Non-applicability of “best interests” test.

[2020] Med LR 165

R (A AND KEPPEL) v SOUTH KENT COASTAL CCG AND OTHERS (KENT COUNTY COUNCIL AND ANOTHER, INTERESTED PARTIES)

Judicial review – Decision by Clinical Commissioning Group to reorganise the delivery of NHS stroke services in Kent – Adequacy of consultation – Whether breach of statutory duty under NHS Act 2006, section 14Z2 in relation to consultation – Whether failure to discharge NHS Act 2006, section 14T as to reducing inequalities and under Equality Act 2010, section 149.

[2020] Med LR 181

WHITTINGTON HOSPITAL NHS TRUST v XX

Deprivation of ability to bear children – Damages – Public policy – Recoverability of surrogacy costs – Overseas commercial surrogacy arrangements.

[2020] Med LR 209

SCHEMBRI v MARSHALL

Breach of duty – Causation – Use of probabilities – Statistical evidence.

[2020] Med LR 240

GENERAL MEDICAL COUNCIL AND ANOTHER v ZAFAR

Medical Practitioners Tribunal – Medical expert – Contempt of court – Incomplete detail of contempt proceedings before tribunal – Permission to adduce new evidence on appeal – Whether sanction unduly lenient – Whether proceedings should be remitted.

[2020] Med LR 252

PAUL v THE ROYAL WOLVERHAMPTON NHS TRUST

Clinical negligence – Secondary victims – Nervous shock – Proximity – Relevant event for purposes of establishing liability under control mechanisms – Collapse and death of deceased from heart attack at time and place remote from allegedly causative breach of duty.

[2020] Med LR 267

BRADFIELD-KAY v COPE

Clinical negligence – Breach of duty – Total hip replacement – Prominence of acetabular component – Risk to iliopsoas tendon – Bolam test – Bolitho exception.

[2020] Med LR 288

UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v MR T REUSER

Health – Employment – NHS Trusts – Investigations – Maintaining High Professional Standards in the Modern NHS policy – Unfair dismissal – Wrongful dismissal – Automatically unfair dismissal – Polkey reductions – Contributory conduct – Protected disclosures – Whistleblowing.

[2020] Med LR 370