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Latest Clinical Negligence News

  • Clinical Negligence - 12, April
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    Insurers allege car crash scam and claim damages for deceit

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    Posted by Anna Johns

    The recent case of UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) demonstrates how the Court will evaluate circumstantial evidence in the absence of direct evidence of fraud. It also considers when an adverse inference can be drawn against a witness who fails to give evidence. Background facts The insurers of Mr Miller, an … Continue reading Insurers allege car crash scam and claim damages for deceit

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  • Clinical Negligence - 10, April
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    Section 33 order disapplying limitation in clinical negligence case overturned

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    Posted by Anna Johns

    In The Pennine Acute Hospitals NHS Trust v De Meza [2017] EWCA Civ 1711 the Court of Appeal considered the relevant factors to be taken into account on an application under section 33 of the Limitation Act 1980. Background facts Mr De Meza brought a claim in 2014 against the NHS Trust (the first defendant) … Continue reading Section 33 order disapplying limitation in clinical negligence case overturned

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  • Clinical Negligence - 4, December
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    Bereavement award for co-habitees?

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    Posted by Christopher Taylor

    An analysis of the recent Court of Appeal decision in Jacqueline Smith v Lancashire Teaching Hospital NHS Foundation Trust [2017] EWCA Civ 1916 It might be thought that the recent Court of Appeal decision in this landmark case has the effect of bringing the law more into line with updated social norms in relation to … Continue reading Bereavement award for co-habitees?

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  • Clinical Negligence - 27, February

    Rider of Neglect in relation to care provided by Ambulance Trust

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    Posted by Dr David Thomas

    On the 24th February 2017 the HM Senior Coroner for Berkshire concluded the inquest into the death of Lilly-May Page Bowden who died on the 15th May 2014. At the time of her death Lilly-May was 5 years old. She had just finished for the day at her school and was running across the school … Continue reading Rider of Neglect in relation to care provided by Ambulance Trust

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  • Clinical Negligence - 15, February
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    Court of Appeal reinforces Importance of Informed Patient Choice

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    Posted by Lauren Seager

    The Court of Appeal has handed down its first judgment since the landmark case of Montgomery v. Lanarkshire Health Board [2015] UK SC 11 reinforcing the importance placed on patient choice. The case of Sebastian Webster (a Child and Protected Party by his Mother and Litigation Friend, Heather Butler) v. Burton Hospitals NHS Foundation Trust … Continue reading Court of Appeal reinforces Importance of Informed Patient Choice

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  • Clinical Negligence - 2, February
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    Claimant brings successful wrongful birth claim against NHS Trust

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    Posted by Lauren Seager

    Claimant brings successful wrongful birth claim after practitioners fail to appreciate that the fetus was at risk of suffering from microcephaly. The claimant brought a clinical negligence claim against the defendant NHS trust alleging that they had been negligent for failing to recognise features on ultrasound scans which suggested that there was a risk of … Continue reading Claimant brings successful wrongful birth claim against NHS Trust

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  • Clinical Negligence - 22, December
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    Significant settlement reached with NHS Trust

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    Posted by Dr David Thomas

    Dr David Thomas has settled a clinical negligence claim for a seven figure sum in the case of B v Y NHS Trust. The case involved the failure of the Defendant to properly investigate the development of visual loss in a young woman on the combined oral contraceptive pill, a predisposition to clotting and a congenital abnormality of … Continue reading Significant settlement reached with NHS Trust

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  • Clinical Negligence - 31, August

    Getting a Second Bite of the Clinical Negligence Cherry

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    Posted by Lauren Seager

    Mr Justice Edis allowed the claimant in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) to pursue his claim against the defendant in relation to the hospital treatment he received despite having already settled the claim with the party responsible for the initial injury. Mr Wright was working as a sub-contractor for a roofing company … Continue reading Getting a Second Bite of the Clinical Negligence Cherry

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  • Clinical Negligence - 31, August

    Hot-tubbing: still an expensive investment but not without its benefits

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    Posted by Lauren Seager

    A hot-tub: a large tub filled with hot aerated water used for recreation or physical therapy (Oxford English Dictionary). Or, as many of us practicing in clinical negligence and personal injury are aware, it describes the process of experts giving evidence concurrently by way of a discussion chaired by the judge. The aim is to … Continue reading Hot-tubbing: still an expensive investment but not without its benefits

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