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  • UK: New GMC guidance on consent.

    With thanks to Lauren Sutherland QC for drawing my attention to the new General Medical Council Decision making and consent guidance, which will come into effect on 9 November 2020. Of particular interest is the new mention of a/v recordings by doctors and or by patients and whether such recordings form part of the medical...

  • UK: First duty of candour penalty.

    The Care Quality Commission reports that University Hospitals Plymouth NHS Trust has been ordered to pay a total of £12,565 after admitting it failed to disclose details relating to a surgical procedure or apologise, following the death of a 91-year-old woman. The trust was fined £1,600, a £120 victim surcharge and ordered to pay £10,845.43...

  • Altruistic cell donation: Parens patriae.

    The UK Human Rights blog has provided a note on A NHS Foundation Trust v MC [2020] EWCOP 33 (available on BAILII). “MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her mother who has...

  • Mediation in healthcare claims – an evalution.

    With thanks to Julie Somerville for drawing attention to the evaluation report published by NHS Resolution (UK). The organisation notes that in December 2016, NHS Resolution (known at the time as the NHS Litigation Authority) took the ground-breaking step of becoming one of the first indemnifiers in the UK to establish a mediation panel with...

  • COVID-19: Critical care clinical guidance (UK).

    COVID_19_care_guidance_May_5_endorsed With thanks to Cindy Tucker for providing the UK Intensive Care Society document “Clinical Guidance: Assessing whether COVID-19 patients will benefit from critical care, and an objective approach to capacity challenges“, which can be downloaded from the link above. This document is noted to have been released at a time when the first surge...

  • Civil litigation & conduct fears in UK?

    Writing for The Guardian newspaper (UK), Owen Bowcott on 19 April 2020 reported lobbying by the Medical Defence Union to “grant some form of legal immunity to medics risking their lives during the pandemic“. The article notes that several US States have adopted laws which provide healthcare professionals and hospitals with “immunity from civil liability...

  • Covid-19: UK decision on refusal of patient to leave hospital.

    As helpfully noted by Nigel Poole QC, University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020) is available on BAILII, The Claimant is the NHS Foundation Trust which operates, among other hospitals, the National Hospital for Neurology and Neurosurgery, London. By a claim issued on 2...

  • UKSC: Damages in tort + surrogacy costs

    A third tort decision of the UK Supreme Court this week was that of Whittington Hospital NHS Trust v XX [2020] UKSC 14, available on BAILII. The claim arose from the negligent reporting of cervical smear and biopsy tests, which was admitted. In 2013, when the errors were detected, her cervical cancer was too far...

  • UKSC: Vicarious liability; within the scope of employment.

    The second UK Supreme Court decision handed down this week on vicarious liability was that of WM Morrison Supermarkets plc  v Various Claimants [2020] UKSC 12, available on the BAILII website. The press summary provides the factual background. The appellant operates a chain of supermarkets and employed Andrew Skelton on its internal audit team. In...

  • UKSC: Vicarious liability, akin to employment and independent contractors

    Yesterday saw the UK Supreme Court hand down two significant tort law decisions. The first decision considered but rejected the vicarious liability of a bank for the acts of an independent contractor doctor, during medical examinations of its prospective employees. A video judgment summary is available online in the matter of Barclays Bank plc v...

  • UK: What the coronavirus bill will do.

    The Department of Health & Social Care (UK) has published a paper on a draft bill encompassing changes to legislation might be necessary in order to give public bodies across the UK the tools and powers they need to carry out an effective response to the COVID19 emergency. The proposed legislation will be time-limited –...

  • Wrongful birth: Provision of information about genetic risks (UK)

    Yesterday saw the publication of the long awaited judgment in ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB), which is available on BAILII. At an early stage in the proceedings, the defendants applied to strike out the claim on the ground that it disclosed no reasonable cause of action. Nicol...

  • Abuse: Vicarious liability and conduct of investigation claims (UK)

    BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020) (available on BAILII) applied English law to its consideration of vicarious liability for the sexual assault of a Jehovah’s Witness member by an elder of the congregation. Of broader interest is an obiter but...

  • Abuse: Vicarious liability and conduct of investigation claims (UK)

    BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020) (available on BAILII) applied English law to its consideration of vicarious liability for the sexual assault of a Jehovah’s Witness member by an elder of the congregation. Of broader interest is an obiter but...

  • Report of the Independent Inquiry into the Issues raised by Paterson

    With thanks to Victoria Lyon of Ringrose Law (UK) for drawing attention to the newly released February 2020 report entitled Report of the Independent Inquiry into the Issues raised by Paterson. In April 2017, Ian Paterson, a surgeon in the West Midlands, was convicted of wounding with intent, and imprisoned. In December 2017, the Government...

  • Justiciable issues and the Parliament: UK Supreme Court decision

    Obviously of no immediate relevance to injury compensation topics but nevertheless a fascinating judgment is the United Kingdom Supreme Court decision yesterday: R (on the application of Miller) v The Prime Minister [2019] UKSC 41. Fortunately the Court has provided its own succinct summary of the issues, as four questions. However the Court ultimately held...

  • Vicarious liability + intentional acts: Fraud

    The United Kingdom Supreme Court is to revisit vicarious liability issues, with a bench of seven. The hearing is set down for 13 & 14 February 2018: Frederick and others (Appellants) v Positive Solutions (Financial Services) Ltd (Respondent). The Appellants appeal against a decision granting summary judgment to the Respondent, a company providing financial advice,...

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