Clinical Judgments in: December 2021

Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB)

Date
3rd December 2021
Court
Key Issues
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Judge

Freeman, a case which turned on issues of fact, was a Clinical Negligence claim for damages for severe brain injuries arising from negligent advice provided by a midwife working at the Defendant’s hospital. The case illustrates the judicial treatment of (i) the burden of proof relating to the absence of record-keeping (ii) the weight to be […]

Toombes v Mitchell [2021] EWHC 3234 (QB)

Date
1st December 2021
Court
Key Issues
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Judge

The case of Toombes v Mitchell concerned allegations of negligent pre-conception clinical advice by the Defendant with respect to folic acid supplements. The focus of this second hearing of this matter centered upon witness testimony regarding the consultation, which took place two decades ago.   Introduction In this case, a GP was found liable to […]

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