- Home/Publications/Medical Law Reports
HOLMES v POETON HOLDINGS LTD
[2024] Med LR 1
Legal test of causation – Divisible and indivisible injury – Material contribution – “But for” test – Employer's liability – Parkinson's disease – Trichloroethylene.
PARSONS v ISLE OF WIGHT NHS TRUST
[2024] Med LR 27
Spinal cord injury caused by epidural trocar insertion – Informed consent – Post-operative pain relief options – Expert evidence guidance – Relevance of medical records to witness credibility.
BAYLESS AND OTHERS v NORFOLK AND NORWICH UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2024] Med LR 60
Settlement – Part 36 – Children and protected parties – Infant approval hearing – Henderson v Henderson – Abuse of process – Estoppel – Strike-out – Discontinuance or withdrawal – Costs.
PAUL AND ANOTHER v ROYAL WOLVERHAMPTON NHS TRUST: POLMEAR AND ANOTHER v ROYAL CORNWALL HOSPITALS NHS TRUST: PURCHASE v AHMED
[2024] Med LR 65
Clinical negligence – Secondary victim claims – Criteria to be met – Need for an “accident”.
ALI v GENERAL MEDICAL COUNCIL
[2024] Med LR 108
General Medical Council – Appeal against findings of primary and secondary fact – Sexually motivated conduct – Reasons.
CTQ v KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2024] Med LR 127
Clinical negligence – Personal injury – Inherent jurisdiction – Settlement – Mental capacity – Protected parties – Brain damage – Anonymity.
R (BRYAN) v HIS MAJESTY’S ASSISTANT CORONER FOR BUCKINGHAMSHIRE (REDMOND AND CHIEF CORONER FOR ENGLAND AND WALES, INTERESTED PARTIES)
[2024] Med LR 135
Inquests – Judicial review – Unlawful killing – Insanity – M’Naughten rules – Presumptions and burdens of proof – Basis for finding of insanity in coronial proceedings.
GENERAL MEDICAL COUNCIL v REZK
[2024] Med LR 148
Professional misconduct – Sexual harassment – Fitness to practise impaired – Whether taking no further action justified.
WNA v NDP
[2024] Med LR 173
Damages – Periodical payments for care – Avoidance of double recovery – Whether surplus of annual periodical payments for care should be accumulated to pay for future care.
CHILTON v PAYNE
[2024] Med LR 183
Clinical negligence – Breach of duty – Expert evidence – Appeal – Private surgeon – Scope of duty.
PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL DENTAL COUNCIL AND PATEL
[2024] Med LR 205
General Dental Council – Fitness to practise – Conviction for causing death by careless driving – Reprimand – Insufficient sanction.
TURNER, WAND (A CHILD BY HIS MOTHER AND LITIGATION FRIEND, TURNER) v SHEFFIELD TEACHING HOSPITAL NHS FOUNDATION TRUST, HEALTHCARE SAFETY INVESTIGATION BOARD (THIRD PARTY/SECOND RESPONDENT)
[2024] Med LR 221
Clinical negligence – Investigation of impugned events by third party – Whether confidential recordings of interviews with defendant's staff by third party within possession, custody or control of defendant – Whether third party required to disclose recordings to parties in litigation.
LUKES v KENT AND MEDWAY NHS AND SOCIAL CARE PARTNERSHIP TRUST AND ANOTHER
[2024] Med LR 233
Strike out – Summary judgment – Personal Injury claim – Mental/psychiatric illness – Mental health assessment whilst in custody – Duty of care owed by police – Duty of care owed by community mental health services – Causation – Detention – Risk assessment – Self-harm.
CRIPPS (ALSO KNOWN AS SNUDDEN) v KENT AND MEDWAY NHS AND SOCIAL CARE PARTNERSHIP TRUST AND ANOTHER
[2024] Med LR 263
Interim Payment – Surrogacy.
WESSEX FERTILITY LTD v UNIVERSITY SOUTHAMPTON HOSPITAL NHS FOUNDATION TRUST (HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY AND DONOR CONCEPTION NETWORK, INTERESTED PARTIES)
[2024] Med LR 273
Consent – Egg donor – Genetic testing – DNA sample – Processing personal data – Justification – Interference – Right to respect for private and family life – Withholding information – Declaratory relief.
DAVIES v BRIDGEND COUNTY BOROUGH COUNCIL, NETWORK RAIL INFRASTRUCTURE LTD, INTERVENER
[2024] Med LR 289
Nuisance – Breach of duty – Factual causation – Application of “but for” test – Damages – Diminution in value – Apportionment.
R (PARKIN) v HIS MAJESTY’S ASSISTANT CORONER FOR INNER LONDON (EAST) (1) LONDON BOROUGH OF HAVERING (2) NORTH EAST LONDON NHS FOUNDATION TRUST, INTERESTED PARTIES
[2024] Med LR 305
Inquest – Death of elderly woman resulting from smoke inhalation – Involvement of public authorities prior to death – Known risk factors for a fire – Whether coroner required to investigate the wider circumstances of the death pursuant to article 2 ECHR.
THORP AND OTHERS v MEHTA AND ANOTHER
[2024] Med LR 317
Clinical negligence – Breach of duty – Bolam/Bolitho – Discussion of treatment options – Montgomery – Causation.
AGA v GENERAL DENTAL COUNCIL
[2024] Med LR 329
General Dental Council – Appeal against sanction – Immediate order for suspension – Commencement date of period of substantive suspension where immediate order made.
LN (A CHILD, BY HIS LITIGATION FRIEND, MC) v BLACKPOOL TEACHING HOSPITALS NHS FOUNDATION TRUST
[2024] Med LR 353
Birth injury – Causation – Whether claimant suffered injury resulting from admitted negligence during labour – Whether his disabilities were caused by such injury or other causes.
WOODS (A PROTECTED PARTY BY HER MOTHER AND LITIGATION FRIEND, WOODS) v DONCASTER AND BASSETLAW TEACHING HOSPITALS NHS FOUNDATION TRUST
[2024] Med LR 374
Obstetric negligence – Interpretation of CTG traces – Intrauterine growth retardation – Approach to expert evidence.
DE FRANCISCI v HAMPSHIRE HOSPITALS NHS FOUNDATION TRUST
[2024] Med LR 391
Clinical negligence – Claimant developing HELLP syndrome when 36 weeks pregnant resulting in caesarean section and PTSD – Whether starting aspirin at 12 weeks would have avoided the HELLP syndrome and PTSD – Assessment of scientific literature and expert evidence on causation.
HEMACHANDRAN AND ANOTHER v THIRUMALESH AND ANOTHER
[2024] Med LR 413
Mental capacity – Belief – Consent to treatment – Declarations – Life-sustaining treatment – Overseas medical treatment – Palliative care – Psychiatric evidence – Death.
KARIM v GENERAL MEDICAL COUNCIL
[2024] Med LR 433
Racial discrimination – Equality Act 2010 – Whether the respondent General Medical Council discriminated against the claimant, a black African/European doctor, during its investigation of complaints – Comparison with the related case of a white doctor – Burden of proof and drawing of inferences – Delay and the relevance of statistics.
XS1 (A CHILD PROCEEDING BY HER MOTHER AND LITIGATION FRIEND, XS2) v WEST HERTFORDSHIRE HOSPITALS NHS TRUST
[2024] Med LR 451
Clinical negligence – Cerebral palsy – Interim payment application – Accommodation claim – Eeles test.
CLARKE v POOLE AND OTHERS
[2024] Med LR 463
Personal injury – Damages – Condition and prognosis – Pre-existing condition – Brain injury – Genetic testing – Claimant's objection to testing – Future loss – Stay of proceedings.