As noted in our previous blog entry discussing Clarke v Kaleciński, the growing phenomenon of UK residents travelling abroad for cosmetic surgery is, sadly, a fertile ground for clinical negligence claims. There are often major arguments to be had at the outset of such cases about which country’s courts have jurisdiction to hear the case […]
In the case of Milner, the court granted a care home partial summary judgment, striking out a claim for damages for alleged breaches of Article 2 ECHR (‘Right to life’). The case concerned the long-standing neglect of a 94-year-old woman with dementia who sadly passed away from pneumonia. Following deliberation, the neglect was deemed insufficient to […]
In the case of Martin, an application for a variable periodical payment order pursuant to the Damages (Variation of Periodical Payments) Order 2005 was made by the Defendant. In this instance, the court was satisfied there was a chance the Claimant might further deteriorate to the point of requiring institutionalisation, reducing her care needs. The […]
UK residents travelling abroad for cosmetic surgery is big business and fertile ground for clinical negligence claims, which raise different questions than those typically encountered in domestic clinical negligence claims. The case of Clarke v Kaleciński is an interesting example of a case of this type.
The case of Williams, although decided on its own facts, may be of interest to practitioners due to the judge’s decision on the importance of contextualising the use of electronic record systems against the industry standard at that time, and the judge’s analysis of factual causation.
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