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LAUGHTON v SHALABY
[2015] Med LR 1
Clinical negligence - Breach of duty - Similar fact evidence - Assumption of negligence with rare complications.
HUSSAIN V GENERAL MEDICAL COUNCIL
[2015] Med LR 9
General Medical Council - Fitness to Practise Panel - False claims in curriculum vitae and training document - Whether panel conflated falsity with dishonesty - Relevance of an aggressively run and unsuccessful defence to whether fitness to practise impaired and to sanction.
ROCHDALE METROPOLITAN BOROUGH COUNCIL v KW (BY HER LITIGATION FRIEND CW) AND OTHERS
[2015] Med LR 19
Mental capacity - Elderly person - Local authority care arrangements - In person's own home - Funded by local authority and an NHS Clinical Commissioning Group - Whether person free to leave - Deprivation of liberty - Mental Capacity Act 2005 - European Convention on Human Rights, article 5 - Leapfrog appeal - Court of Protection - Whether Administration of Justice Act 1969, section 12 applicable.
RE JA AN NHS TRUST AND ANOTHER v MR A AND OTHERS
[2015] Med LR 26
Medical treatment of child - HIV infection and AIDS - Whether child was Gillick competent - Whether a declaration should be granted that it was in the child's best interests to start anti-retroviral therapy.
WELCH v GEOFFREY WATERWORTH (EXECUTOR OF THE ESTATE OF MARJORIE WATERWORTH, DECEASED)
[2015] Med LR 41
Clinical negligence – Re-do aorto bifemoral bypass graft – Findings of fact – Reliance on operation record – Adequacy of Reasons – No need for judge to determine every issue in evidence.
BORDER v LEWISHAM AND GREENWICH NHS TRUST (FORMERLY SOUTH LONDON HEALTHCARE NHS TRUST)
[2015] Med LR 48
Clinical negligence – Trespass to the person – Consent – Causation – Amendment of statement of case.
TOTHAM v KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2015] Med LR 55
Clinical negligence – Quantum – Brain damage – Damages – General damages – Gratuitous care – Case management – Lost years – Future childcare – Future transport.
ST (A PROTECTED PARTY BY HIS MOTHER AND LITIGATION FRIEND, KT) v MAIDSTONE AND TUNBRIDGE WELLS NHS TRUST
[2015] Med LR 70
Clinical negligence – Brain injury caused by stroke – Whether defendant in breach of duty – Whether injury within the scope of duty and not too remote – Causation.
JX MX (BY HER MOTHER AND LITIGATION FRIEND AX MX) v DARTFORD & GRAVESHAM NHS TRUST (PERSONAL INJURY BAR ASSOCIATION AND THE PRESS ASSOCIATION, INTERVENERS)
[2015] Med LR 103
Quantum – Clinical negligence – Anonymity – Approval of damages settlement on behalf of a child pursuant to CPR 21.10 – Application to anonymise identity of child – Whether anonymity necessary exception to principle of open justice – Guidance as to anonymisation of claimants at approval hearings.
BOSTRIDGE v OXLEAS NHS FOUNDATION TRUST
[2015] Med LR 113
False imprisonment – Right to liberty and security (article 5, ECHR) – Mental Health Act 1983 – Damages – Nominal damages.
AL-MISHLAB v MILTON KEYNES HOSPITAL NHS FOUNDATION TRUST
[2015] Med LR 120
Employment – “Maintaining High Professional Standards” – Restrictions on practice – Exclusion from employment – NHS suspension policies – Breach of contract – Injunction – Damages.
DAVIES (WIDOW AND ADMINISTRATRIX OF THE ESTATE OF DAVIES DECEASED) v COUNTESS OF CHESTER HOSPITAL NHS FOUNDATION TRUST
[2015] Med LR 141
Clinical negligence – Cardioversion – Breach of duty – Balancing the risks of acting against the risks of not acting – Fatal dose of magnesium – Imminent death as a result of the cardiac condition inevitable – Claim by the estate failed.
MONTGOMERY v LANARKSHIRE HEALTH BOARD
[2015] Med LR 149
Clinical negligence - Informed consent - Warning of risks - Choice of treatment.
MICHAEL AND OTHERS v CHIEF CONSTABLE OF SOUTH WALES POLICE
[2015] Med LR 171
Negligence – Duty of care owed by police to victims of crime – Human rights – ECHR, article 2 – Right to life – Threats to kill – Strike out – Summary judgment.
A (A CHILD AND PROTECTED PARTY BY HER MOTHER AND LITIGATION FRIEND, C) v UNIVERSITY HOSPITALS OF MORECAMBE BAY NHS FOUNDATION TRUST
[2015] Med LR 204
Quantum – Assessment of damages – Injury of utmost severity – Correct approach to assessment of damages – Whether proportionality of sum sought material – In-home hydrotherapy claim – Whether to set-off sum for parental rent or mortgage payment in accommodation claim.
R (ON THE APPLICATION SQUIER) v GENERAL MEDICAL COUNCIL
[2015] Med LR 234
General Medical Council – Fitness to Practise Panel – Alleged misconduct by expert witness – Whether court judgments should be admitted into evidence to prove allegations – Whether allegations were adequately particularised.
RE G (AN ADULT) (COSTS)
[2015] Med LR 249
Costs – Mental Capacity – Mental Capacity Act 2005 – Court of Protection Rules 2007 – Personal welfare proceedings – Departure from general rule of no costs order – Proportionate costs order.
NURSING AND MIDWIFERY COUNCIL v DANIELS
[2015] Med LR 255
Time limit for appeal against order of Nursing and Midwifery Council's Conduct and Competence Committee – Whether adequate basis for finding of facts on appeal – Whether time limit absolute – Whether discretion to extend.
A v EAST KENT HOSPITALS UNIVERSITY NHS FOUNDATION TRUST
[2015] Med LR 262
Clinical negligence – Consent – Material risk – Wrongful birth – Chromosomal abnormality – Anonymity order.
JASINARACHCHI v GENERAL MEDICAL COUNCIL
[2015] Med LR 277
General Medical Council – Discipline – Fitness to Practise Panel – Dishonesty – Sanction – Suspension – General Practice training – Fresh evidence – Proportionality.
RE MN (AN ADULT)
[2015] Med LR 287
Court of Protection – Disabled adult – Best interests – Care funded by Clinical Commissioning Group – Approach of court where no alternative options for care are available – Whether court should conduct a best interests analysis of hypothetical options – Mental Capacity Act 2005 – Human Rights Act 1998.
ABC v ST GEORGE'S HEALTHCARE NHS TRUST AND OTHERS
[2015] Med LR 307
Duty of care – Confidentiality of medical information – Striking out – Conflict between public and private duties – Whether duty of care owed to disclose genetic trait in one patient to another family member against first patient's wishes.
KIRSCHNER v GENERAL DENTAL COUNCIL
[2015] Med LR 317
General Dental Council – Fitness to Practice Panel – Dishonest claims for dental treatment – Correct legal test for dishonesty in disciplinary proceedings.
PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL MEDICAL COUNCIL AND UPPAL
[2015] Med LR 327
General Medical Council – Fitness to Practise Panel – Finding of Dishonesty – Whether decision not to find impairment of fitness to practise unduly lenient – Whether decision not to impose warning unduly lenient.
JAMES ROBSHAW (A CHILD BY HIS MOTHER AND LITIGATION FRIEND, SUZANNE ADAMS) v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST
[2015] Med LR 339
Damages assessment – Tetraplegia caused by negligence at birth – Reduced life expectancy – Strauss data – “Reasonable needs” – Whether child rearing costs recoverable – Assessment of potential future needs.
SCHODLOK v GENERAL MEDICAL COUNCIL
[2015] Med LR 409
General Medical Council – Fitness to Practise Panel – Whether in determining impairment of Fitness to Practise Panel had taken into account incidents of non-serious misconduct – Whether panel justified on evidence before it in finding serious misconduct – Whether findings of non-serious misconduct could accumulate to a finding of serious misconduct.
CHINNOCK v VEALE WASBROUGH AND ANOTHER
[2015] Med LR 425
Limitation – Alleged negligence of barrister and solicitor – Clinical negligence – Duty of doctor to advise – Limitation Act 1980, section 14A – Date of knowledge – Attributability of act or omission alleged to constitute negligence.
R (ON THE APPLICATION OF CHAUDHURI) v GENERAL MEDICAL COUNCIL
[2015] Med LR 440
General Medical Council – Time limits – Jurisdiction – Mistake of fact as to dates of events giving rise to allegation – Power to correct decisions vitiated by fundamental mistakes of fact – General Medical Council Fitness to Practise Rules 2004 (SI 2004 No 2608), rule 4(5).
R (ON THE APPLICATION OF AM) v GENERAL MEDICAL COUNCIL
[2015] Med LR 453
Assisting suicide – GMC guidance – Lawfulness of discouraging doctors to assist suicide.
ST GEORGE'S HEALTHCARE NHS TRUST v P (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND ANOTHER
[2015] Med LR 463
Mental capacity – Best interests – Withdrawal of life-sustaining treatment – Minimally conscious state – Assessment of disorder of consciousness – SMART assessment – Mental Capacity Act 2005.
WELLS AND ANOTHER v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST
[2015] Med LR 477
Clinical negligence – Neonatal death – Whether negligent delay in performing caesarean section – Whether earlier caesarean section would have avoided meconium aspiration – Whether mother primary or secondary victim – Whether father secondary victim.
STEVENS v UNIVERSITY OF BIRMINGHAM
[2015] Med LR 489
Employment – Discipline – Investigation – Representation at investigation meeting – Contract of employment – Implied term of mutual trust and confidence.
DARNLEY v CROYDON HEALTH SERVICES NHS TRUST
[2015] Med LR 506
Negligence – Duty of care to triage of head injury patients in reasonable time – Duty of care on the part of reception staff in giving advice and information as to waiting times.
IN RE JAKE (A CHILD)
[2015] Med LR 518
Inherent jurisdiction – Severely ill child – Parents with learning disabilities – Local authority sharing parental responsibility – Withholding or withdrawing life-sustaining treatment – Best interests.
IN THE MATTER OF C (A CHILD) (APPLICATION BY DR X AND Y)
[2015] Med LR 531
Confidential information – Medical records – Patient confidentiality – Expert evidence – Disclosure of medical data – Professional obligations – Disciplinary proceedings.
RE JM (A CHILD)
[2015] Med LR 544
Children – Jurisdiction – Life sustaining treatment – Inherent jurisdiction – Children Act 1989 – Specific Issue Order – Best interests.
WYE VALLEY NHS TRUST v MR B (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)
[2015] Med LR 552
Court of Protection – Mental illness – Capacity – Best interests – Life-sustaining treatment – Amputation – Wishes and feelings – Religious beliefs and values.
OWERS v MEDWAY NHS FOUNDATION TRUST AND ANOTHER
[2015] Med LR 561
Clinical negligence – Causation – Efficacy of aspirin in preventing major stroke – Psychiatric damage in a claim by a secondary victim – Whether causative event “horrifying”.