‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’
Law Society's Gazette, 19th May 2021
Source: www.lawgazette.co.uk
‘A new best practice guide urging board-level attention at NHS trusts so they can learn more from clinical negligence cases has been issued in a bid to improve patient safety and reduce claims.’
Litigation Futures, 10th May 2021
Source: www.litigationfutures.com
‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’
Litigation Futures, 6th May 2021
Source: www.litigationfutures.com
‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’
Ropewalk Clinical Negligence Blog, 29th April 2021
Source: www.ropewalk.co.uk
‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’
Ropewalk Clinical Negligence Blog, 20th April 2021
Source: www.ropewalk.co.uk
‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’
BBC News, 21st April 2021
Source: www.bbc.co.uk
‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’
Parklane Plowden, 1st April 2021
Source: www.parklaneplowden.co.uk
‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’
Law Society's Gazette, 15th April 2021
Source: www.lawgazette.co.uk
‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’
Litigation Futures, 13th April 2021
Source: www.litigationfutures.com
‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’
Practical Law: Construction Blog , 7th April 2021
‘A woman who duped her lawyers as she wildly exaggerated a clinical negligence claim, seeking damages of £5.7m instead of the £350,000 her case was worth, has been jailed for contempt of court.’
Litigation Futures, 18th March 2021
Source: www.litigationfutures.com
‘NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country.’
The Independent, 7th March 2021
Source: www.independent.co.uk
‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’
Ropewalk Clinical Negligence Blog, 25th February 2021
Source: www.ropewalk.co.uk
‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’
Law Pod UK, 1st March 2021
Source: audioboom.com
‘Five police officers are under investigation for manslaughter after the death of a 24-year-old man in police custody earlier this month.’
The Guardian, 25th February 2021
Source: www.theguardian.com
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
‘In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks of previous decision and abuse of process. As such it is valuable reading to litigators generally and particularly those in the field of professional negligence.’
Hardwicke Chambers, 12th February 2021
Source: hardwicke.co.uk
‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’
Blackstone Chambers, 12th February 2021
Source: www.blackstonechambers.com
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