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New Whittington Hospital NHS Trust v XX--cost of commercial surrogacy arrangements abroad following negligence,appeal dismissed by majority--Supreme Court Judgment(01.4.20)
New Re AB--freezing and storage of sperm,application to obtain medical records of deceased brother,lawful for the fertility clinic to provide copy of all records--High Court Judgment(23.3.20)
New Dowson v Dr Lane--type 1 diabetes,alleged negligence due to failure to appropriately treat and refer to medical foot clinic,Charcot's arthropathy,no breach of duty and claim fails--High Court Judgment(19.3.20)
New Dr Schembri v Marshall--death due to untreated pulmonary embolism, appeals that deceased would have died even if referred to hospital, appeal dismissed--Court of Appeal Judgment(10.3.20)
New ABC v St George's Healthcare NHS Trust and Others--failure to alert risk of inherited gene in time for termination of pregnancy,alleged breach of Article 8.ECHR,decision not to disclose supported by a responsible body of medical opinion, no breach of duty--High Court Judgment(28.2.20)
New Tracey King(as Personal Representative) v South Tees NHS Hospital Foundation Trust--should have acted upon x-ray six months prior to actual diagnosis of lung cancer, breach of duty admitted,evidence of one oncologist preferred, claim succeeds--High Court Judgment(28.2.20)
New Re M(Declaration of Death of Child)--prolapse of umbilical cord,oxygen to brain cut off for significant period,'death by neurological criteria', appeal against permisson to withdraw mechanical ventilation--Court of Appeal Judgment(14.2.20)
New Brady v Southend University Hospital NHS Foundation Trust--alleged delay in diagnosing Actinomycosis infection and consequences,claim fails on liability--High Court Judgment(31.1.20)
New Mr Jesudason v Alder Hey Children's NHS Foundation Trust--detriment was not on the grounds of protected disclosures,detriments not because of race,appeal dismissed--Court of Appeal Judgment(31.1.20)
New Mr Hussain v Medical Defence Union--withdrawal of assistance in defence of a claim,application for pre-action disclosure refused--High Court Judgment(30.1.20)
New Morrison v Liverpool Women's NHS Foundation Trust--ruptured uterus, hysterctomy,appeal against negligence fails on all grounds--High Court Judgment(27.1.20)
New BMA v SoS for Health & Social Care--power to suspend NHS pension payments on being charged with a relevant criminal offence,judicial review,failed to comply with Public Sector Equality Duty,breach of Article 14 ECHR,declaratory relief granted--High Court Judgment(17.1.20)
New GMC v Prof. Walton--six month suspension not sufficient,MPT asked wrong question and/or failed to address the correct question, further findings might affect the question of sanction,case remitted to MPT--High Court Judgment(19.12.19)
New AB v East Lancashire Hospitals NHS Trust--perinatal arterial ischaemic stroke,cerebral palsy,alleged negligence in antenatal care,claim fails on breach of duty and causation--High Court Judgment(18.12.19)
New Dr Arowojolu v GMC--erasure for sexual misconduct,tribunal misdirected in law by legally qualified Chair,tribunal's direction on erasure quashed--High Court Judgment(11.12.19)
New Mr Sait v GMC--second appeal against conduct was sexually motivated,appeal dismissed--High Court Judgment(04.12.19)
New Dr Olatigbe v GMC--series of acts of dishonesty,appeal against erasure fails--High Court Judgment(27.11.19)
Bell v Bedford Hospital NHS Trust--alleges had a diagnosis of TIA been made previously,the stroke would have been prevented,succeeds on breach of duty but fails on causation, claim dismissed--High Court Judgment(14.10.19)
Idu v The Est Suffolk & North Essex NHS Foundation Trust--not professional misconduct but personal misconduct,no capability issues,MHPS,appeal dismissed--Court of Appeal Judgment(08.10.19)
Mordel v Royal Berkshire NHS Foundation Trust--missed opportunities to carry out screening for Down's Syndrome during pregnancy,claim succeeds on liability--High Court Judgment(08.10.19)
Younas v Dr Okeahialam--intrenittent AV block, failure to refer to cardiogist, spinal injury following fall, negligence--High Court Judgment(26.9.19)
Dr Al-Obaidi v Frimley Health NHS Foundation Trust--alleged misleading account of management of patient, case to answer,application for a permanent injunction against proposed disciplinary hearing fails--High Court Judgment(19.9.19)
Rai v University Hospitals Coventry and Warwickshire NHS Trust--laparascopic sleeve gastrectomy,post-operative staple line leak,sepsis, claim fails on breach of duty and causation--High Court Judgment(12.9.19)
Dr Hallett v Derby Hospitals NHS Foundation Trust--junior doctors' rest break requirements,breach of contractual arrangements,appeal allowed--Court of Appeal Judgment(30.7.19)
Professional Standards Authority for Health and Social Care v General Medical Council & Another--dishonesty but fitness to practice not impaired,appeal allowed in respect of failure to issue a warning--High Court Judgment(28.6.19)
The Chief Constable of Norfolk v Coffey--disability never caused problems doing job,percieved disability, disability discrimination--Court of Appeal(21.6.19)
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)
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)
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)
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)
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)
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)
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)
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)
Dr Ihsan v GMC--sexual misconduct,erasure,appeal dismissed--High Court Judgment(22.3.19)
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)
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)
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)
Marshall v Dr Schembri--failure to refer to hospital, pulmonary embolism, admitted breach of duty,causation established--High Court Judgment(15.2.19)
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)
 Medico-Legal Headlines 2002-2018
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