Archive

bar

Straight Talk – The implications of unlawful discharge

In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. These related to discharge of patients from hospitals and admission to care homes and allowed for asymptomatic patients to be admitted without… Read More

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. Published in British Dental Journal 14 June, 2019. Key points Suggests foreseeability will not be a difficult hurdle for a… Read More

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. Published in British Dental Journal 10 May, 2019. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show… Read More

Limitation in clinical negligence – a summary guide

This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law. The first two articles can be found here: Limitation – Mossa v Wise… Read More

Limitation – Mossa v Wise

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence. This is Part 2 of a 3-part series and covers the case of Mossa. Ellis was covered… Read More

Limitation arguments – how hard can it be?

The cases of Ellis v Iyer and others [2018] EWHC 3505 (Ch) and Mossa v Wise [2017] EWHC 2608 (QB) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence. This note covers Ellis, with Mossa covered in part 2 of the three-part series. The… Read More