Pearce v United Bristol Healthcare NHS Trust

JurisdictionEngland & Wales
Year1998
Date1999
CourtCourt of Appeal (Civil Division)
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34 cases
  • Gail Marie Duce (Claimant/Appellant) v Worcestershire Acute Hospitals NHS Trust
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 March 2014
    ...with the undisputed principles laid down in cases such as Bolitho v City & Hackney Health Authority [1998] AC 232and Pearce v United Bristol Healthcare NHS Trust [1999] PIQR 53. Thus in terms of medical evidence it cannot in my view be said that the claim, as amended in draft to reflect Mr ......
  • Genas (Howard) v Attorney General of Jamaica and Others
    • Jamaica
    • Supreme Court (Jamaica)
    • 6 October 2006
    ... ... 45 In the United States, several of the state courts have developed the ... (4) that the patient has an abject dependence upon and trust in his physician ... 48 He ... And in Pearce v United Bristol Healthcare NHS Trust the court of appeal ... ...
  • Mrs A v East Kent Hospitals University NHS Foundation Trust
    • United Kingdom
    • Queen's Bench Division
    • 31 March 2015
    ...make their own decisions was a basic human right protected by the common law. 19 Lord Woolf MR in the Court of Appeal in Pearce v United Bristol Healthcare NHS Trust [1999] PIQR P53 revisited the issue and held " if there is a significant risk which would affect the judgment of a reasonable......
  • Mrs Gabriele Shaw (The Personal Representative of the Estate of William Ewan (Deceased)) (Appellant/Claimant) v Dr Jan Kovac and Another (Respondents/Defendants)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 July 2017
    ...clear on the authorities. For example in the case of Chester itself it was affirmed (citing, among other authorities, Pearce v United Bristol Healthcare NHS Trust [1999] PIQR 53) that a surgeon's duty to warn a patient of relevant risks comprehends a single cause of action, that is to say n......
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6 books & journal articles
  • MEDICAL NEGLIGENCE AND PATIENT AUTONOMY
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...to the practice followed or supported by a responsible body of opinion in the relevant profession or trade’. 31[1985] 1 AC 871. 32[1999] PIQR P 53. 33[2005] 1 AC 134. 34 For a recent critique of this case, see Tamsyn Clark & Donal Nolan, “A Critique of Chester v Afshar”(2014) 34 OxJLS 659. ......
  • Tort Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2012, December 2012
    • 1 December 2012
    ...to the duty to inform and advise. Ang J also rejected the argument that the UK decisions of Pearce v United Bristol Healthcare NHS Trust[1999] PIQR P53 and Chester v Afshar[2005] 1 AC 134, widely read as critical of the doctor-centric approach to the duty to inform, should be taken as impli......
  • No (,) More Bolam Please: Montgomery v Lanarkshire Health Board
    • United Kingdom
    • The Modern Law Review No. 79-3, May 2016
    • 1 May 2016
    ...above at [53].58 There has also been a plethora of comment regarding whether Lord Woolf MR in Pearce vUnitedBristol NHS Healthcare Trust [1999] PIQR 53, 59 (Pearce) had already introduced the reasonablepatient test (in England and Wales). For representative arguments that Pearce does introd......
  • Injunctive Relief: But Let's Agree Not To Have It?
    • United Kingdom
    • The Modern Law Review No. 79-3, May 2016
    • 1 May 2016
    ...above at [53].58 There has also been a plethora of comment regarding whether Lord Woolf MR in Pearce vUnitedBristol NHS Healthcare Trust [1999] PIQR 53, 59 (Pearce) had already introduced the reasonablepatient test (in England and Wales). For representative arguments that Pearce does introd......
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