Articles
MedicoLegal Headlines 2018
MedicoLegal Headlines 2018
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)
