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THEFAUT v JOHNSTON
[2017] Med LR Plus 1
Consent - Clinical negligence - Breach of duty - Causation - Medical treatment - Insufficiency of evidence - Expert evidence - Impartiality - Lay witnesses - Witness summons
THE PROFESSIONAL STANDARDS AUTHORITY v THE HEALTH AND CARE PROFESSIONS COUNCIL AND DOREE
[2017] Med LR Plus 2
Health and Care Professions Council - Conduct and Competence Committee - Whether sanction imposed on registrant for misconduct unduly lenient - Status of Indicative Sanctions Policy - Whether correctly applied - Whether registrant's insight into misconduct correctly assessed - Whether undue weight given to misconduct not having involved patients - Whether allegations should have been amended rather than dismissed following limited findings of fact
FB (SUING BY HER MOTHER AND LITIGATION FRIEND, WAC) v PRINCESS ALEXANDRA HOSPITAL NHS TRUST
[2017] Med LR Plus 3
Clinical negligence - Healthcare - Breach of Duty of Care - Standard of Care - Bolam Test - Trainee - Whether a different standard owed by a trainee and a consultant
CORREIA v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST
[2017] Med LR Plus 4
Breach of duty and causation - Consent to three-stage operation - Whether consent vitiated by negligently performed lesser operation - Whether lack of warning of injury from negligently performed operation was actionable - Appellate court's approach to findings of fact - Sufficiency of reasons for rejecting expert evidence
R (A AND B) v SECRETARY OF STATE FOR HEALTH
[2017] Med LR Plus 5
Abortion - National Health Service - Access to abortion in England - Residence based system - Ordinary residence - Northern Ireland - Discrimination - National Health Service Act 2006 - European Convention on Human Rights
ABC v ST GEORGE'S HEALTHCARE NHS TRUST AND OTHERS
[2017] Med LR Plus 6
Duty of care - Clinical negligence - Confidential medical information - Whether arguable duty to disclose to third party who might be harmed by non-disclosure
GENERAL MEDICAL COUNCIL v JAGJIVAN AND ANOTHER
[2017] Med LR Plus 7
General Medical Council - Appeals by the GMC under Medical Act 1983, section 40A - Jurisdiction to hear appeal against finding of no impairment - Guidance on approach to appeals under section 40A
RE (A MINOR BY HER MOTHER AND LITIGATION FRIEND LE) AND OTHERS v CALDERDALE & HUDDERSFIELD NHS FOUNDATION TRUST
[2017] Med LR Plus 8
Clinical negligence - Obstetric injury - Shoulder dystocia - Nervous shock - Primary and secondary victims
IN THE MATTER OF CHARLIE GARD
[2017] Med LR Plus 9
Treatment – Withdrawal of treatment – European Convention on Human Rights, articles 2 and 8.
CHARLES GARD AND OTHERS v UNITED KINGDOM
[2017] Med LR Plus 10
Rejected appeal – Treatment – Withdrawal of life sustaining treatment – Experimental treatment – “Best interests” – “Significant harm” – European Convention on Human Rights, articles 2, 5, 6 and 8.
YATES AND ANOTHER v GREAT ORMOND STREET HOSPITAL FOR CHILDREN NHS FOUNDATION TRUST AND ANOTHER
[2017] Med LR Plus 29
Children - Medical treatment - Best interests - Withdrawal of treatment - Parents' views - Alternative treatment proposed by parents - Futile treatment - Significant harm - Appropriate test where parents propose viable alternative treatment
MAGILL (EXECUTOR OF MAGILL DECEASED) v PANEL SYSTEMS (DB LTD)
[2017] Med LR Plus 30
Personal injury - Medical cause of death - Causative effect of breach of duty - Assessment of life expectancy - Widow's entitlement to damages for loss of services and husband's care and attention
SHAW (THE PERSONAL REPRESENTATIVE OF THE ESTATE OF EWAN (DECEASED)) v KOVAC AND ANOTHER
[2017] Med LR Plus 31
Clinical negligence - Healthcare - Consent - Personal autonomy - Damages - Vindicatory damages - Compensatory damages - Conventional award - Recusal
VILCA AND OTHERS v XSTRATA LTD AND ANOTHER
[2017] Med LR Plus 32
Application to extend time for service of new expert evidence - Case management powers - Whether change of expert was expert shopping - Whether court should impose condition of disclosure of prior expert evidence
SYSMEX (UK) LTD v IMPERIAL COLLEGE HEALTHCARE NHS TRUST
[2017] Med LR Plus 33
Procurement - Health services' managed services contract - Request to lift automatic suspension of ability to enter into contract - Public Contracts Regulations 2015 (SI 2015 No 102), reg 96 - Whether damages an adequate remedy - Balance of convenience - Meaning of "public interest"
IN THE MATTER OF X (A CHILD) (NO 4)
[2017] Med LR Plus 34
Judicial pressure - Commissioning - National arrangements for provision of low secure mental health care - Lack of beds - Severely disturbed child
IRVINE v GENERAL MEDICAL COUNCIL
[2017] Med LR Plus 35
Medical Practitioners Tribunal - General Medical Council - Requirement to take out adequate insurance or professional indemnity cover - Whether effective contracts concluded - Whether dishonesty involved - Whether sanction of erasure justified
R v ROSE
[2017] Med LR Plus 36
Manslaughter by gross negligence - Foreseeability - Reasonable foreseeability of serious and obvious risk of death - Opticians
R (CONWAY) v THE SECRETARY OF STATE FOR JUSTICE ((1) HUMANISTS UK, (2) CARE NOT KILLING (3) ND YET UK, INTERVENORS) (THE CROWN PROSECUTION SERVICE AND ATTORNEY GENERAL, INTERESTED PARTIES)
[2017] Med LR Plus 37
Medical ethics - Prohibition against assistance for suicide - Compatibility of the Suicide Act 1961 with article 8 ECHR - Justification of interference with article 8 rights - Importance of Parliament as decision maker
M (BY HER LITIGATION FRIEND, MRS B) v A HOSPITAL
[2017] Med LR Plus 38
Medical treatment - Mental capacity - Best interests - Minimally conscious state - Withdrawal of clinically assisted nutrition and hydration - Whether court approval legally required in case of agreement - Litigation friend - Suitability of family member as litigation friend
GENERAL MEDICAL COUNCIL v STONE
[2017] Med LR Plus 39
Medical Practitioners Tribunal Service - Inappropriate relationship with patient - Dishonesty - Sanction - Failure to properly consider Indicative Sanctions Guidance - Reasons
XX v WHITTINGTON HOSPITAL NHS TRUST
[2017] Med LR Plus 40
Surrogacy - Commercial surrogacy - Non-profit surrogacy - Donor eggs - Foreign surrogacy - Domestic surrogacy - Restorative compensation - Life expectancy - Provisional damages - Provisional damages for risk of psychological deterioration - Assessment for loss of earnings - Handicap on the labour market