Medical Malpractice in UK Law

Leading Cases
  • A v Ministry of Defence and Another
    • Court of Appeal
    • 07 May 2004

    It is a tragic fact that babies are quite often born with brain damage although all reasonable skill and care has attended the delivery. In order to get a claim off the ground against the MoD, assuming the existence of a duty of care, it was necessary to investigate what had happened at the birth. This A's parents were able to do by initiating the process that produced the investigation by the Gutachter Kommission.

  • Dr. Promod Kumar Bhatnagar v The General Medical Council
    • Queen's Bench Division (Administrative Court)
    • 11 Nov 2013

    Between July 2008 and October 2009 a Fitness to Practise Panel ("FTP Panel") considered allegations against Dr. Bhatnagar arising out of the management of the Birkdale Clinic at Daventry during 2005 and 2006 to the effect that Dr. Bhatnagar's management of the clinic was deficient. Dr. Bhatnagar admitted one of the complaints and many others were found proved. Dr. Bhatnagar's defence was that he was not responsible for the day to day management of the clinic, which he left to others.

    First, I had already made my decision and communicated it to the parties: this is not a case where judgment had been reserved. Fourth, even if the IOP (albeit differently constituted) has simply changed its mind as to the sanction that would have been appropriate in January 2013, that is not of itself a reason why my appraisal of the situation — reached independently — should change.

  • "A" v the Ministry of Defence and Guy's and St Thomas' Hospital NHS Trust
    • Queen's Bench Division
    • 16 Abr 2003

    In my judgment, the features of the special relationship between the MoD and Service personnel and dependant in Germany, to which I have referred, imposed a duty on the MoD to provide access to an appropriate regime of secondary healthcare in Germany. The MoD's assumption of this duty met the reasonable expectations of Service personnel and their families.

  • Council for the Regulation of Health Care Professionals v General Medical Council and Another (Basiouny)
    • Queen's Bench Division (Administrative Court)
    • 10 Nov 2006

    Second, the principle behind it is the court's repugnance in permitting its process to be used in the face of the executive's misuse of state power by its agents. To involve the court in convicting a defendant who has been the victim of such misuse of state power would compromise the integrity of the judicial system.

  • R Muriel Maguire v HM Senior Coroner for Blackpool & Fylde
    • Court of Appeal
    • 10 Jun 2020

    At paras 214 and 215 the Grand Chamber restated the Convention jurisprudence on the procedural obligation arising in medical cases. The state is required to set up an effective and independent judicial system to enable the cause of death of individuals in the care of the medical profession, whether private or public sector, to be determined and those responsible (in a culpable sense) to be held accountable.

  • Trust Risk Group SpA v AmTrust Europe Ltd
    • Court of Appeal
    • 30 Abr 2015

    In short, what is required is a careful and commercially-minded construction of the agreements providing for the resolution of disputes. This may include enquiring under which of a number of inter-related contractual agreements a dispute actually arises, and seeking to do so by locating its centre of gravity and thus which jurisdiction clause is "closer to the claim".

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Books & Journal Articles
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Law Firm Commentaries
  • Informed Consent Principles (UK)
    • LexBlog United Kingdom
    • Norton Rose Fulbright
    • 19 de Junio de 2018
    The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower ...
    ...... judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and ......
  • Informed consent principles in the UK
    • LexBlog United Kingdom
    • Norton Rose Fulbright
    • 17 de Julio de 2018
    The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower ...
    ...... judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and ......
  • Insurance: Launch Of New Lloyd's Claims Scheme
    • Mondaq United Kingdom
    • 10 de Octubre de 2011
    ...... into the Professional Indemnity, Financial Institutions and Medical Malpractice classes of business. Scope. The 2010 Claims Scheme will ......
  • Clyde & Co Adds Insurance Team In Sydney
    • Mondaq UK
    • 23 de Diciembre de 2015
    ...... in a broad range of insurance matters including public liability, medical malpractice, product liability and dust diseases litigation. Michelle's ......
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