Medical Law Reports

GRIFFITHS AND OTHERS v THE CHIEF CONSTABLE OF THE SUFFOLK POLICE AND ANOTHER

Fatal accident claim – Murder of third party – Clinical negligence – Breach of human rights – Adequacy of Mental Health Act assessment – Obligation to warn third party and police of risk posed by patient – Duty to protect public – Adequacy of police response – Right to life – Prevention of inhuman and degrading treatment.

[2019] Med LR 1

WELSH MINISTERS v PJ

Mental Health Act community treatment order – Whether a community treatment order can contain conditions amounting to a deprivation of liberty – Construction of statutory provisions interfering with fundamental human rights – Purpose of a community treatment order – Power of Mental Health Review Tribunal in respect of community treatment order conditions.

[2019] Med LR 75

R (ON THE APPLICATION OF CXF) (ACTING BY HIS MOTHER AND LITIGATION FRIEND) v CENTRAL BEDFORDSHIRE COUNCIL AND ANOTHER

Meaning of “after-care services” within section 117 of Mental Health Act 1983 – Expenses travelling to support patient – Use of Mental Health Act Code of Practice to interpret Mental Health Act – Statutory interpretation.

[2019] Med LR 88

XX v WHITTINGTON HOSPITAL NHS TRUST

Damages – Illegality – Public policy – Conflict of laws – Surrogacy – Whether damages recoverable for cost of foreign commercial surrogacy arrangements unlawful if made in the United Kingdom – Whether damages recoverable for cost of surrogacy arrangements using own or donor eggs – General damages for pain, suffering and loss of amenity.

[2019] Med LR 99

ARB v IVF HAMMERSMITH AND R (THIRD PARTY)

Consent to embyro use for in vitro fertilisation – Contractual liability – Damages for pecuniary loss for upbringing of unwanted child – Public policy acting as bar to such damages.

[2019] Med LR 119

RE A (CAPACITY: SOCIAL MEDIA AND INTERNET USE: BEST INTERESTS)

Capacity – Best interests – Internet access and use of social media – Contact – Learning disability – Lack of understanding of risks and dangers posed by websites and other internet users – Relevant information to be considered.

[2019] Med LR 135

RE B (CAPACITY: SOCIAL MEDIA: CARE AND CONDUCT)

Mental Capacity Act 2005 – Safeguarding – Social media – Interim declarations – Final declarations – Capacity to litigate – Capacity to manage property and affairs – Capacity to decide residence – Capacity to decide care – Capacity to decide contact – Capacity to decide social medial use – Capacity to consent to sexual relations.

[2019] Med LR 143

NWAPA v GENERAL PHARMACEUTICAL COUNCIL

General Pharmaceutical Council Fitness to Practise Committee – Adequacy of reasons for finding of impairment of fitness to practise and for sanction.

[2019] Med LR 155

KENNEDY v FRANKEL

Informed consent – Parkinson's disease – Knowledge of risk of medication – Causation.

[2019] Med LR 177

BARRY v CARDIFF AND VALE UNIVERSITY LOCAL HEALTH BOARD

Clinical negligence – Breach of duty – Causation – The “but for” test – Delay in performing procedure – Assessment of damages.

[2019] Med LR 191

LESFORIS v TOLIAS

Whether negligent to prescribe chemo-prophylaxis early following spinal surgery – Whether risk factors justified early prescription of chemo-prophylaxis – Whether judge had been correct to reject expert evidence.

[2019] Med LR 209

EAST LANCASHIRE HOSPITALS NHS TRUST v PW (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)

Capacity – Paranoid schizophrenia with delusional beliefs – Below knee amputation – Best interests’ assessment – Urgent application.

[2019] Med LR 218

NORTH WEST ANGLIA NHS FOUNDATION TRUST v GREGG

Employment – Contracts – NHS Trusts – Disciplinary investigations – Exclusion – Suspension – Licence to practise – Requirement to be fully registered – Deduction of salary – Termination – Parallel criminal investigation – Implied term of mutual trust and confidence – Injunction.

[2019] Med LR 226

ZEROMSKA-SMITH v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST

Clinical negligence – Application for anonymity in favour of a claimant pursuant to CPR 39.2 – Whether anonymity necessary exception to principle of open justice – Timing of such applications.

[2019] Med LR 250

KEEP THE HORTON GENERAL (ACTING BY KEITH STRANGWOOD) v OXFORDSHIRE CLINICAL COMMISSIONING GROUP (CHERWELL DISTRICT COUNCIL AND OTHERS, INTERESTED PARTIES)

National Health Service – Commissioning – Duty to consult public – Fairness – Adequacy.

[2019] Med LR 259

DIAMOND v ROYAL DEVON AND EXETER NHS FOUNDATION TRUST

Clinical negligence – Breach of duty – Consent – Causation – Duty to warn of risk – But for causation – Sufficient cause.

[2019] Med LR 273

OLLOSSON v LEE

Informed consent – Vasectomy – Chronic testicular pain – Incidence and impact of risk – Adequacy of warnings – Causation.

[2019] Med LR 287

R (ON THE APPLICATION OF CHIDLOW) v HM SENIOR CORONER FOR BLACKPOOL AND FYLDE (CHIEF CONSTABLE OF MERSEYSIDE AND NORTH WEST AMBULANCE SERVICE, INTERESTED PARTIES)

Inquests – Causation threshold – Causation standard of proof – Galbraith Plus – Statistical evidence.

[2019] Med LR 313

R (MAUGHAN) v HER MAJESTY'S SENIOR CORONER FOR OXFORDSHIRE (THE CHIEF CORONER OF ENGLAND AND WALES, INTERVENER)

Conclusions – Inquests – Suicide – Standard of proof – Criminal standard – Civil standard.

[2019] Med LR 325

R (MAGUIRE) v HER MAJESTY'S SENIOR CORONER FOR BLACKPOOL AND FYLDE (UNITED RESPONSE AND OTHERS, INTERESTED PARTIES)

Inquests – European Convention on Human Rights (“ECHR”) article 2 – Deficiencies in care of resident of care home with Down's syndrome – Whether circumstances such as to call state to account – Whether finding of neglect should have been left to the jury.

[2019] Med LR 342

PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v NURSING AND MIDWIFERY COUNCIL AND NDLOVU

Duty of candour in professional medical context – Relevance to protection of public in assessment of fitness to practise.

[2019] Med LR 352

BAILEY AND OTHERS v GLAXOSMITHKLINE UK LTD

Consumer Protection Act 1987 – Allegations of defective antidepressant medication – Scope of claimants’ pleaded case – Whether claim advanced at trial consistent with pleaded claim.

[2019] Med LR 359

B (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v A LOCAL AUTHORITY

Capacity – Mental Capacity Act 2005 – Safeguarding – Capacity to use social media – Capacity to decide residence – Capacity to decide care – Capacity to decide contact – Capacity to consent to sexual relations – Whether decisions on capacity in different areas were inherently contradictory.

[2019] Med LR 371

JONES (BY HIS MOTHER AND LITIGATION FRIEND, MRS HARRIS) v TAUNTON AND SOMERSET NHS FOUNDATION TRUST

Clinical negligence – Breach of duty – Contemporary responsible body of medical opinion – Obstetric negligence – Choice of tocolytic drug.

[2019] Med LR 384

POMPHREY v SECRETARY OF STATE FOR HEALTH AND NORTH BRISTOL NHS TRUST

Clinical negligence – Cauda equina compression – Alleged delay in diagnosis and surgery – Complications and injuries arising from surgery – Causation.

[2019] Med LR 424

SANUSI v GENERAL MEDICAL COUNCIL

General Medical Council disciplinary proceedings in the absence of the practitioner – Obligation upon Medical Practitioners Tribunal to permit adjournment before proceeding to sanction stage – Failure to take into account documentation submitted to regulator as evidence of mitigation.

[2019] Med LR 469

HALLETT v DERBY HOSPITAL NHS FOUNDATION TRUST

Health – Employment – Contracts – NHS trusts – Junior doctors – Working time – Rest breaks – Monitoring.

[2019] Med LR 486

BIRMINGHAM CITY COUNCIL v SR; LANCASHIRE COUNTY COUNCIL v JTA

Mental Health Act 1983 – Conditional discharge – Mental Capacity Act 2005 – Power to authorise deprivation of liberty.

[2019] Med LR 510

TOWER HAMLETS LONDON BOROUGH COUNCIL v NB AND AU

Mental capacity – Consent to sexual relations – Whether test person specific – Relevance of expert opinion.

[2019] Med LR 518

R (KUZMIN) v GENERAL MEDICAL COUNCIL

Medical Practitioners Tribunal Service of the General Medical Council – Whether panel entitled to draw inferences adverse to practitioner from his declining to give evidence at a hearing of charges brought against him.

[2019] Med LR 533

ZZZ v YEOVIL DISTRICT HOSPITAL NHS FOUNDATION TRUST

Clinical negligence – Contribution proceedings – Whether failure to adequately assess and safeguard unstable spinal injury – Whether failure responsible for avoidable neurological injury.

[2019] Med LR 545