Clinical negligence

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.

Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick

On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.

Beware, don’t underestimate a voluntary police interview

Facing a voluntary police interview? Learn its seriousness, why legal support is crucial, how to protect your rights & navigate the process.

Claimant found guilty of criminal act cannot claim damages against negligent NHS trust

The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.

Clinical negligence – Fatal accidents update and quantum cases of interest – April 2017

Our update on recent clinical negligence cases sees Hempsons comment on legal issues and quantum points arising. Click here to read more about these cases. Please speak to Stephen Maratos with any questions.

Clinical Negligence Cases of Interest – January 2017

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”).

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:

Covid-19: Key legal considerations arising from the pandemic

Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.

Custodial sentence for exaggerated claim against the NHS

Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court.  She has also been ordered to pay the Trust’s costs of the proceedings.  Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21. 

Defendant obtains Summary Judgment in Clinical Negligence Claim: Hewes v West Hertfordshire Hospitals NHS Trust & Ors...

In Hewes the Third Defendant (GP) was able to obtain Summary Judgment against the Claimant who had suffered with Cauda Equina Syndrome.

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.

Five top tier rankings for Hempsons in the Legal 500 2023 UK guide

Five years of cerebral palsy claims – NHS Resolution report

Today sees the publication of NHS Resolution’s report reviewing the causes of these tragic, but thankfully rare, incidents. The author, NHSR’s Darzi Fellow Dr Michael Magro, has made the following recommendations...

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.

Hempsons celebrate new rankings in the Chambers UK Guide 2023

The Chambers UK Guide 2023 has been published and the most significant change in this year’s rankings sees us ranked for the first time in the Police Law: Mainly Defendant category, in Band 3.

Key Legal Developments Update – October 2019

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

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.

Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration

Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration

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.

Limitation arguments – how hard can it be?

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.

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.

New Year partner and associate promotions

We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.

Newsflash: Court of Appeal determines that Cheshire West does not apply in acute care settings

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.

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.

Podcast: CNSGP – what is the NHS Resolution indemnity scheme for GPs?

In our latest podcast, healthcare litigation expert Patricia Roe and primary care expert Justin Cumberlege have summarise the key points of their webinar on the CNSGP, the NHS Resolution indemnity scheme for GPs.

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.

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.

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. Philippa Doyle and Jolena Bullivant-Clark discuss the case.

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.

The new Personal Injury Discount Rate is now in effect

The Personal Injury Discount Rate, which applies to compensation paid upfront for future losses in clinical negligence claims in England, has been revised and the new rate of 0.5% applies to all claims settled on or after 11 January 2025.

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.

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.

When should I tell my regulator about a criminal investigation?

It is crucial to familiarise yourself with your disclosure obligations to your specific regulatory body when facing a criminal investigation. Hannah Cheesebrough explains why controlling the narrative presented to your regulator from the outset will help your defence.

Working group to lead medical manslaughter review announced by GMC

Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession

Young autistic people still dying despite coroner warnings over care

The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.