‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’
Legal Futures, 20th December 2021
Source: www.legalfutures.co.uk
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
‘A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement.’
BBC News, 6th December 2021
Source: www.bbc.co.uk
‘Women in prison are five times more likely to have a stillbirth and twice as likely to give birth to a premature baby that needs special care, new data collected by the Observer shows.’
The Guardian, December 2021
Source: www.theguardian.com
‘There were not enough maternity staff to keep mothers and babies safe at a hospital trust at the centre of a baby deaths scandal, inspectors have found.’
BBC News, 15th October 2021
Source: www.bbc.co.uk
‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’
Each Other, 28th September 2021
Source: eachother.org.uk
‘Experts have warned that more babies could die in prison owing to the government’s expansion of female prison places and ministers’ refusal to grant multiple requests to end the incarceration of pregnant women.’
The Guardian, 23rd September 2021
Source: www.theguardian.com
‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’
BBC News, 23rd September 2021
Source: www.bbc.co.uk
‘NHS trusts are wrongly hounding vulnerable migrant women for payment of bills of thousands of pounds for maternity care, according to a report.’
The Guardian, 17th September 2021
Source: www.theguardian.com
‘A hospital has admitted liability for the death of a baby who was delivered stillborn three days after his mother’s complaints of fluid loss and severe pain were dismissed as wetting the bed.’
The Guardian, 6th September 2021
Source: www.theguardian.com
‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’
Quarterly Medical Law Review, 28th July 2021
Source: 1corqmlr.com
‘Richard Ager and Clare Ciborowska of 1 Crown Office Row (Brighton) discuss with Rosalind English the distressing and emotional business of removing newborns from their mothers when it is decided that it is in the infant’s best interests. Earlier this year the Public Law Working group has published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. Whether these recommendations will be implemented remains to be seen.’
Law Pod UK, 29th July 2021
Source: audioboom.com
‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’
Ropewalk Clinical Negligence Blog, 12th July 2021
Source: www.ropewalk.co.uk
‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’
UK Human Rights Blog, 6th July 2021
Source: ukhumanrightsblog.com
‘An investigation into baby deaths at Furness general hospital in Barrow between 2004 and 2013 found a “lethal mix” of failings at almost every level.’
The Guardian, 6th June 2021
Source: www.theguardian.com
‘A woman who wrapped her newborn baby in plastic bags and left her to die on farmland has lost an appeal against her murder conviction.’
BBC News, 29th June 2021
Source: www.bbc.co.uk
‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’
Ropewalk Clinical Negligence Blog, 24th June 20201
Source: www.ropewalk.co.uk
‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’
UK Human Rights Blog, 24th June 2021
Source: ukhumanrightsblog.com
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