Clinical Judgments by Key issue: Breach of Duty

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 […]

SC v University Hospital Southampton NHS FT [2020] EWHC 1610 (QB)

Date
22nd June 2020
Court
Key Issues
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Judge

The case of SC v University Southampton NHS FT involved a failure to correctly diagnosis pneumococcal meningitis. The decision was the first High Court decision on meningitis in over three years. Introduction On the 26th January 2006, the 15 month old Claimant was examined by a GP. She was found to be floppy with a […]

Bradfield-Kay v Cope [2020] EWHC 1352 (QB)

Date
21st May 2020
Court
Key Issues
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Judge

In Bradfield-Kay v Cope, an orthopaedic surgeon was sued for negligence arising out of a hip replacement carried out at a private hospital in 2009. The case is an interesting application of the Bolam and Bolitho criteria, in particular the question whether a particular clinical practice can be said to be based on a logical […]

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