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New 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)
New 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)
New 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)
New 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)
New 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)
New 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)
New 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)
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)
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)
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)
Mr Sait v GMC--second appeal against conduct was sexually motivated,appeal dismissed--High Court Judgment(04.12.19)
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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