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.
Introduction The tragic facts of the case of Traylor were largely undisputed: on the 8th of February 2015, Marc Traylor (“MT”) experienced a psychotic episode. Having armed himself with two knives, he went to his daughter, Kitanna Traylor’s room (“KT”) and threatened to stab her (para 1, 38). KT’s sister went to find MT’s father, Peter […]
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 […]
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. The Facts In February 2002, the Claimant was diagnosed with atrial fibrillation and […]
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]. Introduction The trial in relation […]
