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Medical Law Reports Plus RSS feed

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 - If so whether such treatment would have prevented the major stroke from occurring

[2020] Med LR Plus 1

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 Plus 3

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 Plus 4

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 Plus 7

R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP

Application for judicial review of NHS Clinical Commissioning Group 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 Plus 8

JESUDASON v ALDER HAY 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 Plus 10

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 Plus 11

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 Plus 12

BARCLAYS BANK PLC v VARIOUS CLAIMANTS

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

[2020] Med LR Plus 14

SCHEMBRI v MARSHALL

Breach of duty - Causation - Use of probabilities - Statistical evidence

[2020] Med LR Plus 16

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 Plus 17

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 Plus 19

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 Plus 23

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 Plus 24

UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v MR T REUSER

Health – Employment – NHS Trusts – Investigation – 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 Plus 28

R (ON THE APPLICATION OF DUTTA) v GENERAL MEDICAL COUNCIL

General Medical Council – Judicial review – Referral of allegations for investigation – Whether allegations subject to time bar – Application of five-year rule – Extension of time for judicial review proceedings.

[2020] Med LR Plus 30