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New AXO v Salisbury NHS Foundation Trust--premature birth,tenfold overdose of muscle relaxant, alleged resulting brain damage leading to cerebral palsy,breach of duty not an issue but causation not established,claim dismissed--High Court Judgment(10.6.19)
New The Professional Standards Authority for Health and Social Care v Nursing and Midwifery Council & Another--death shortly after mental health assessment,admitted faliure to ensure an adequate assessment and contribution to loss of material chance to prevent death, dishonesty,sanction does not reflect seriousness of misconduct,case remited to fitness to practice panel--High Court Judgment(09.5.19)
New Taylor v Chesterfield Royal Hospital NHS Foundation Trust--shoulder dystocia, brachial plexus injury in 1992,accepted practice in 1992,negligence claim based on allegation of excessive traction fails--High Court Judgment(30.4.19)
New Dr Charakida v Jackson--blog containing defamatory words of former patient, damages for libel and injunction to prevent repetition,action succeeds, £6,000 damages awarded, costs subject to assessment--High Court Judgment(09.4.19)
New Diamond v Royal Devon & Exeter NHS Foundation Trust--spinal fusion surgery, post-operative abdominal hernia and two month delay in identification,appeal against failure to obtain consent for mesh repair and any injury/damage thereby fails--Court of Appeal Judgment(08.4.19)
New Dalton v Southend University Hospital NHS Foundation Trust--alleged negligence leading to delayed diagnosis of breast cancer,did not require biposy at the time, Bolam-Bolitho test, breach of duty not established, claim fails--High Court Judgment(03.4.19)
New Mr Iwuchukwu v City Hospitals Sunderland NHS Trust--appeal from decison of EAT, ET's order confirming direct racial discrimination, victimisation and unfair dismissal restored--Court of Appeal Judgment(26.3.19)
New Mr Lesforis v Tolias--inappropriately early prescrbing of antithrombotic medication,negligence,whether giving medication within 3 hours of surgery a breach of duty given the accepted risks, appeal fails--Court of Appeal Judgment(25.3.19)
New Dr Ihsan v GMC--sexual misconduct,erasure,appeal dismissed--High Court Judgment(22.3.19)
New Liverpool Victoria Insurance Company v Dr Zafar--contempt of court,appeal against lenient sentence, no increase in the sentence but new guidance on sentencing for contempt--Court of Appeal Judgment(19.3.19)
New North West Anglia NHS Foundation Trust v Dr Gregg--breach of contract, implied trust and confidence,judge applied wrong test,discretion of court, appeal succeeds on two grounds--Court of Appeal Judgment(19.3.19)
New Dr Sastry v GMC--allegations arising out of treatment of patient in India, alleged negligence, proportionality of sanction,appeal against erasure fails--High Court Judgment(25.2.19)
New Marshall v Dr Schembri--failure to refer to hospital, pulmonary embolism, admitted breach of duty,causation established--High Court Judgment(15.2.19)
New GMC v Dr Sledzik--appeal seeking erasure, GMC failed to persuade conditional registration was not sufficient,tribunal to provide full reasons for their findings and sanctions,parties to bear their own costs--High Court Judgment(07.2.19)
New XX v Whittington Hospital NHS Trust--negligent failure to detect cancer from cervical smear tests and biopsies,recovery of damages for expenses of surrogacy arrangements,appeal allowed--Court of Appeal Judgment(19.12.18)
GMC v Dr Hayat--MPT's refusal to adjourn hearing on medical grounds and proceeding in absence,subsequent erasure,decision to adjourn a discretionary matter for MPT,High Court fell into error--Court of Appeal Judgment(13.12.18)
Dr Nabili v GMC--fitness impaired by deficient professional performance,breaching confidentiality,suspension and erasure,application for an adjournment refused, failure to attend hearing,appeal fails--High Court Judgment(04.12.18)
Henderson v The Hillingdon Hospital NHS Foundation Trust--respiratory distress & failure,discharge from hospital,epiglottitis, cardiac arrest, Fatal Accidents Act,could not be safely discharged,breach of duty--High Court Judgment(29.11.18)
Mr Sait v GMC--alleged sexual motivation, misconduct, suspension,findings set aside,procedural unfairness,allegations to be retried--High Court Judgment(27.11.18)
LP v Wye Valley NHS Trust--failure to diagnose and treat atrial fibrillation leading to multiple strokes, admitted liability,costs of future care and suitable property--High Court Judgment(22.11.18)
Dr Ardron v Sussex Partnerhip NHS Foundation Trust--death in custody,alleged gross misconduct of psychiatrist,internal investigations & MHPS,previous injunction restraining disciplinary hearing will not be continued--High Court Judgment(20.11.18)
GMC v Dr Mehta--inappropriate and sexually motivated misconduct, no sanction, tribunal's approach correct,appeal refused--Court of Session(15.11.18)
Dr Jain v Manchester University NHS Trust--alleged breach of terms and conditions of employment,contractual status of MHPS,claim fails--High Court Judgment(13.11.18)
Ms Idu v East Suffolk & North Essex NHS Foundation Trust--employment tribunal can decide whether misconduct allegations are properly characterised as 'professional misconduct', MHPS, appeal fails--EAT Judgment(08.11.18)
YAH v Medway NHS Foundation Trust--liability admiited for cerebral palsy,mother's claim for psychiatric injury associated with birth,not PTSD, primary victim, claim succeeds--High Court Judgment(05.11.18)
Hewes v West Hertfordshire Hospitals NHS Trust & Others--cauda equina syndrome,alleged unreasonable delay in treatment, appeal against summary judgment succeeds--High Court Judgment(18.10.18)
Darnley v Croydon Health Services NHS Trust--misleading information by non-medical staff,extra-dural haematoma and permanent brain damage,negligent breach of duty,appeal allowed--Supreme Court Judgment(10.10.18)
Dr Uwen v GMC--indemnity insurance,appeal against interim suspension order fails--High Court Judgment(26.9.18)
Dr Raychaudhuri v GMC--High Court's decision of dishonesty on appeal by GMC set aside,MPT entitled to find appellant had not acted dishonestly--Court of Appeal Judgment(14.9.18)
Dr Stewart v NHS Business Service Authority--temporary injury allowance,NHS Injury Benefit Regulations,disease in the course of employment,professional paid leave,employment contract,appeal succeeds--High Court Judgment(29.8.18)
Manzi v King's College Hospital NHS Foundation Trust--retained placenta,appeal against dismissed clinical negligence claim fails--Court of Appeal Judgment(29.8.18)
Dr Jahangiri v St George's University Hospitals NHS Foundation Trust--exclusion pending disciplinary hearing,MHPS,two requirements under American Cyanamid satisfied,injunction granted--High Court Judgment(28.8.18)
Dr Bawa-Garba v GMC--proper appraoch to sanction in the context of gross negligence manslaughter,MPTS an expert tribunal and entitled reach all conclusions it did, presents no material danger to the public,appeal allowed--Court of Appeal Judgment (13.8.18)
GMC v Dr Chandra--second appeal against restoration to the register, proper legal approach to restoration, Bolton and overaching objective, MPTS applied wrong test--Court of Appeal Judgment(13.8.18)
Dr B v GMC--restraining disclosure of an expert report,section 7(4)(b) of DPA,disclosure should be made,appeal allowed by majority--Court of Appeal Judgment(28.6.18)
General Optical Council v Clarke--appeal against order to quash erasure,judge's approach to impairment erroneous,allowed to withdraw name from register and no further action with regard to sanction--Court of Appeal Judgment(25.6.18)
Duce v Worcestershire Acute Hospitals NHS Trust--abdominal hysterectomy, failure to warn of chronic post surgical pain,not required to warn a risk which a clinician was not reasonably aware of,Montgomery, appeal dismissed--Court of Appeal Judgment(07.6.18)
Hewes v West Hertfordshire Hospitals NHS Trust & Others--quada equina syndrome,alleged negligence,application to strike out/summary judgment, no reasonable prospect of success against third defendant--High Court Judgment(05.6.18)
Lesforis v Tolias--spinal surgery,inappropriate early prescription of antithrombotic medication,negligence--High Court Judgment(21.5.18)
HJ v Burton Hospitals NHS Foundation Trust--brith injury, compromised negligence claim,dispute as to expert's evidence relating to quantum,appeal dismissed--High Court Judgment(21.5.18)
NAX v King's College Hospital NHS Foundation Trust--congenital benign brain tumours,alleged negligent treatment following neurosurgery,claim dismissed--High Court Judgment(18.5.18)
Harrap v Brighton & Sussex University Hospitals NHS Trust--alleged negligence for failure to arrange cardiology review, claim discontinued on third day of trial,costs--High Court Judgment(09.5.18)
Dr Arunachalam v GMC--sexual misconduct, appeal against erasure,flawed decision set aside and substituted with 12 months suspension--High Court Judgment(08.2.18)
Dr Gregg v North West Anglia NHS Foundation Trust--Trust in breach of the implied term of trust & confidence in refusing to adjourn disciplinary process and proceed to convene an alternative disciplinary process,not entitled to stop salary by reason of interim suspension--High Court Judgment(27.02.18)
Dr Miller & Another v The Health Service Commissioner for England--appeal against dismissal of judicial review, investigation biased by pre-determination, aspects of poor practice,ombudsman's decision quashed--Court of Appeal Judgment(15.2.18)
Hassell v Hillingdon Hospitals NHS Trust--failure to obtain proper informed consent for surgery, £4.4 million damages--High Court Judgment(06.2.18)
GMC v Dr Bawa-Garba--manslaughter by gross negligence, suspended sentence,12 month suspension, truly exceptionally bad failings, systemic failings,personal responsibility, tribunal did not give due weight to jury's verdict,sanction substituted with erasure--High Court Judgment(25.01.18)
Cameron v Ipswich Hospitals NHS Trust--cauda equina syndrome, significant risks,early decompression surgery was not reasonable and should not have been offered, claim fails--High Court Judgment(18.01.18)
Dr Yusuff v GMC--further suspension following review hearing, appeal against finding of impairment and sanction fails--High Court Judgment(10.01.18)
 Medico-Legal Headlines 2002-2017
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