Clinical Judgments by Key issue: Breach of Duty

Thorley v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 (QB)

Date
1st October 2021
Court
Key Issues
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Judge

The case of Thorley involved a claim in clinical negligence brought against the Defendant Trust. The case focused on issues of breach of duty and causation. The Claimant contended that the Defendant was in breach for not following its own clinical guidelines.

Sheard v Cao Tri Do [2021] EWHC 2166 (QB)

Date
30th July 2021
Court
Key Issues
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Judge

In Sheard v Tri Do the court made findings of fact in relation to conflicting witness evidence in a clinical negligence claim. The case emphasises that the correct approach to personal recollections of witnesses in fact-finding exercises is that set out in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013].

Mukhtar Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB)

Date
12th July 2021
Court
Key Issues
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Judge

The case of Mukhtar Malik which hinges on a question of fact considers the issues of informed consent and a negligent failure to offer alternative treatments. The Facts In 2012, the Claimant attended his GP complaining of back pain and weakness in his legs. Matters deteriorated over the following two years, and, in July 2014 MRI scans […]

Dulson v Popovych [2021] EWHC 1515 (QB)

Date
8th June 2021
Court
Key Issues
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Judge

In Dulson v Popovych, the Court refused the Defendant’s application to resile from an admission of breach of duty which had been made in her pleaded Defence.   The Facts   The Claimant’s claim arose following four consultations with the Defendant, a registered nurse working at Lister House Health Centre. At the first consultation, the […]

ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)

Date
28th February 2021
Court
Key Issues
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Judge

The case of ABC focuses on the duty of disclosure, specifically when a duty is owed to disclose a patient’s hereditary disease to his child.   The Facts In 2007, the Claimant’s father, XX, killed her mother. XX was convicted of manslaughter by reason of diminished responsibility and made subject to a restricted Hospital Order […]

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