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Telemedicine – clinical negligence considerations
Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.
Advance care planning – a difficult path to tread?
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
Vicarious Liability and independent contractors – recent Supreme Court decisions
On 1 April 2020 the Supreme Court handed down two Judgments in Barclays Bank Plc v Various Claimants [2020] UKSC 13 and WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 in which the Court appears to be moving against vicarious liability. This article sets out the decision in Barclays Bank and considers the independent contractor Defence.
Pectus Excavatum and Surgical Intervention
Pectus Excavatum is a congenital deformity where the ribs and sternum grow abnormally forming a caved-in chest wall. In most patients, the only symptom is the cosmetic indentation of the chest although, in more severe cases, there can be respiratory problems and chest pain. Surgery involves placing titanium bars beneath the ribs and sternum to push the chest back out.
Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...
This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.
Sanderson v Guy’s and St Thomas’ NHS Foundation Trust – the role of NICE Guidelines in clinical negligence cases
This case highlights that the NICE Guidelines are not intended to provide a practitioner with the complete description of the appropriate management and must be interpreted in conjunction with clinical judgment in light of the whole clinical picture.
Kore v Brocklebank – pre-action Part 36 offers in fatal accident claims
This case highlights the importance of raising enquiries regarding the identity of potential dependants at an early stage and carefully wording offers in pre-action fatal claims, as there are potential pitfalls on both sides.
Secondary victim claims – a recap of the requirements following new case considering question of proximity
Case law update: Master Cook confirmed that secondary victim claims in cases of Clinical Negligence require proximity to the “relevant event”, not simply proximity to the final consequence of the negligence.
The real costs of negligence claims – who pays?
Niloo Bozorgi looks at the costs of clinical negligence claims for independent practitioners and upcoming changes that will affect them.
Key Legal Developments Update – October 2019
Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.
Clinical negligence scheme for general practice – are you covered?
NHS Resolution has published a summary of the activities and roles which are covered by the clinical negligence scheme for general practice (“scheme”).
Part 36 offers – what happens when they have been withdrawn?
BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.
Foreseeability and causation in clinical negligence cases
This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.
Clinical negligence: duty and breach
This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider: