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New Malik v St George's University Hospitals NHS Foundation Trust--successful spinal cord decompression but neurological complications,multiple allegations including failure to adequately explain surgical risks and obtain consent,resolution of questions of fact, no negligence--High Court Judgment(12.7.21)
New GMC v Armstrong--appeal against decision that fitness to practice was not impaired,dishonesty,finding of impairment the only rational conclusion,remitted to tribunal to decide sanction--High Court Judgment(23.6.21)
New Khan v Meadows--failure to refer for genetic testing, child born with haemophelia,later diagnosed with autism,negligence limited to genetic testing issue, autism causally unrelated, appeal dismissed--Supreme Court Judgment(18.6.21)
New Dr Karim v GMC--less favourable treatment, claim of direct race discrimination well founded and succeeds--Employment Tribunal Judgment(16.6.21)
New Ramaswamy v GMC--appeal against two determinations,refusal to postpone hearing and proceed in absence,sanction and non-compliance determinations quashed--High Court Judgment(15.6.21)
New Newley v GMC--appeal against review decision imposing conditions on registration for 24 months,little evidence of insight or remediation,no basis to overturn review decision--High Court Judgment(08.6.21)
GMC v Udoye--allegations of dishonesty dismissed by MPTS, no misconduct,tribunal misunderstood allegation and misapplied the law,appeal allowed--High Court Judgment(07.6.21)
Haris v GMC--non-clinically indicated intimate examinations,facts spoke for themselves,only rational conclusion is conduct was sexually motivated, appeal fails--Court of Appeal Judgment(20.5.21)
Sastry & Okpara v GMC--erasure from register,s40(rehearing) and s40A(review) appeals,appellate court can evaluate public protection & professional reputation issues,appeals dismissed--Court of Appeal Judgment(30.4.21)
Gupta v Northampton Hospital NHS Trust--exclusion from work pending outcome of investigation,safeguarding concerns,application for interim injunction refused--High Court Judgment(21.4.21)
Al Nageim v GMC--dishonest failure to notify errorneously paid salary, erasure, appeal fails--High Court Judgment(20.4.21)
Watkins v BMA--disciplinary action by a trade union,alleged breaches of union rules, disciplinary action should not 'stifle' debate or 'deter' seeking election,error of law in Certification Officer's assessment,case remitted to make a new decision--EAT Judgment(06.4.21)
Bux v GMC--erasure for acting in a state of conflict of interest,dishonestly and for finacial gain,duties of an expert witness,duty of disclosure,appeal fails--High Court Judgment(31.3.21)
Towuaghantse v GMC--exomphalus major,misconduct in relation to surgical management,insight & remediation incomplete,erasure,allegations in Coroner's court,impairment & sanctions phases to be reconsidered by MPT--High Court Judgment(25.3.21)
Negus & Anor v Guy's and St Thomas' NHS Foundation Trust--aortic valve replacement, alleged negligence as larger sized valve was not implanted and failure to properly advice risks from a smaller valve,claim dismissed--High Court Judgment(19.3.21)
Professional Standards Authority for Health & Social Care v GMC and Christian Hanson--appeal against 10-month suspension for sexually motivated conduct towards a nurse,MPTS fell into error in five respects,appeal succeeds, only one sanction that could properly be imposed:erasure--High Court Judgment(12.3.21)
GMC v Donadio--12-month suspension insufficient to protect the public,deficient professional performance as a Consultant Radiologist,MPT made an error in its sanctions evaluation--High Court Judgment(10.3.21)
Garaffa v GMC--appeal against 5-month suspension,vaginectomy without consent,amendment to consent form made after surgery commenced, appeal fails--High Court judgment(09.3.21)
Basma v Manchester University Hospitals NHS Foundation Trust & Anor--Spinal Muscular Atrophy,not entitled to newly approved drug,clinical judgement and substantial factual element in decision-making, failure to take into account mother's relevant evidence irrational--Court of Appeal Judgment(02.3.21)
Reddy v GMC--nine month suspension for dishonesty,two full-time salaries,appeal against findings of fact,apparent bias,appeal dismissed--High Court Judgment(02.3.21)
Khan v GMC--allegations of sexually motivated behaviour, erasure,approach to witness evidence erroneous,sanction of erasure quashed--High Court Judgment(02.3.21)
Jarman v Brighton and Sussex University Hospitals NHS Trust--Cauda Equina Syndrome following injury,alleged delay in decompression surgery, relevant delay did not cause any loss,claim dismissed--High Court Judgment(18.2.21)
Calderdale & Huddersfield NHS Foundation Trust v Metcalf--exaggeration of physical disabilities,admits lying repeatedly,claim upto £5 million,6 months imprisonment--High Court Judgment(11.2.21)
Polmear & Anor v Royal Cornwall Hospitals NHS Trust--application to strike out claim for damages of secondary victims as a result of witnessing collapse & death of daughter,negligent failure to diagnose life threatening condition pulmonary veno-occlusive disease,what constitutes relevant event for purposes of establishing proximity,permission to appeal to Court of Appeal granted--High Court Judgment(05.2.21)
Davies v Frimley Health NHS Foundation Trust--death due to pneumococcal meningitis,delay in administering IV antibiotics,material contribution,indivisible outcome of death,causation made out and claim succeeds--High Court Judgment(29.1.21)
Professional Standards Authority for Health and Social Care v GMC & Dr Dighton--costs, not disproportionate to instruct QC,overall costs by PSA disproportionately high--High Court Judgment(11.1.21)
Onwude v Dyer & Ors--omission of reference to right of appeal in BMJ article, action under Defamation Act 1996,qualified privillege and public interest defence, claim dismissed--High Court Judgment(23.12.20)
Ismail v Joyce--failure to refer for chest xray when presenting with signs of possible TB, spread to other organs including brain and spinal cord,negligent failure to enquire further about night sweats--High Court Judgment(16.12.20)
Azam v University Hospital Birmingham NHS Foundation Trust--gynaecomastia surgery nearly 25 years ago,appeal against permission to proceed with clinical negligence claim, s33 Limitation Act 1980,judgment unimpeachable--High Court Judgment(10/12/20)
Henry v Oxford University Hospitals NHS Foundation Trust--alleged failure to recognise misplacement of the L5 pedicle screw in the post-operative period or longer term,suffered nerve irritation until its removal,claim fails--High Court Judgment(07.12.20)
Failes v Oxford University Hospitals NHS Trust--debulking of spinal cord tumour,post-operartive CSF leak and herniation of cord,paralysed from chest down,acute deterioration and upto that point, had been an upwards trajectory, claim fails--High Court Judgment(4.12.20)
Bell & Anor v The Tavistock and Portman NHS Foundation Trust--puberty-suppressing drugs, gender dysphoria,Gillick competence,a child under 16 may only consent to such medication where one is competent to understand the nature of treatment--High Court Judgment(1.12.20)
Professional Standards Authority for Health and Social Care v GMC and Dr Dighton--excessively prescribing potentially addictive drug, suspension is insufficient sanction,erasure from register--High Court Judgment(19.11.20)
Hewes v West Hertfordshire Acute Hospitals NHS Trust & Others--cauda equina syndrome, the 19-minute delay by Trust 2 made no difference,appeal dismissed--Court of Appeal Judgment(18.11.20)
Leach v North East Ambulance Service NHS Foundation Trust--negligent 31 minute delay contributed to PTSD--High Court Judgment(30.10.20)
GMC v Dr Haris--actions not sexually motivated,tribunal plainly fell into error--High Court Judgment(22.09.20)
Dr Kefala v GMC--dishonest failure to disclose convictions,suspension,decision not wrong on the facts,difficulty in understanding GMC's thinking in bringing these proceedings--High Court Judgment(18.9.20)
Dr Dutta v GMC--judicial review claim and appeal against sanction,case remitted for reconsideration of impairment and sanction--High Court Judgment(22.7.20)
PQ v Royal Free London NHS Foundation Trust--artificial rupture of membranes,calamitous haemorrhage,hypoxia and brain injury,Bolam test,claim settled for £2 million--High Court Judgment(24.6.20)
A NHS Foundation Trust v MC--mental capacity of potential donor of stem cells,informed consent, risk-benefit analysis by an accredited assessor, first such application under Mental Capacity Act 2005--High Court Judgment(23.6.20)
Jones v Ministry of Defence--ten-month delay in diagnosing HIV,dispute as to consequences of delay,CD4 count,fatigue or major depression not caused by delayed diagnosis,quantum far less than claimed--High Court Judgment(22.6.20)
SC v University Hospital Southampton NHS Foundation Trust--tonsilitis,failure to appreciate IM antibiotics masked symptoms of pneumococcal meningits,neurological deficit,liability established--High Court Judgment(22.6.20)
GMC v Dr Awan--appeal against 9-month suspension,tribunal was aware of rejected defence when making findings about insight, appeal fails--High Court Judgment(17.6.20)
Paul & Another v The Royal Wolverhampton NHS Trust--duty of care to primary victim may make liable to secondary victim, psychiatric injury as a result of witnessing death or injury, claim struck out previously;appeal succeeds--High Court Judgment(04.6.20)
VE v AO & Others--advanced terminal cancer,application in best interest to be allowed to leave care home,covid-19, Article 8 right,application succeeds--Court of Protection Judgment(05.5.20)
GMC & Others v Dr Zafar--sanction unjustified and insufficient,appeal succeeds,directs erasure--High Court Judgment(08.4.20)
Whittington Hospital NHS Trust v XX--cost of commercial surrogacy arrangements abroad following negligence,appeal dismissed by majority--Supreme Court Judgment(01.4.20)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Morrison v Liverpool Women's NHS Foundation Trust--ruptured uterus, hysterctomy,appeal against negligence fails on all grounds--High Court Judgment(27.1.20)
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)
 Medico-Legal Headlines 2002-2019
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