Clinical Judgments by Key issue: Duty of Care

Radia v Marks [2022] EWHC 145 (QB)

Date
26th January 2022
Court
Key Issues
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Judge

The judgment in Radia v Marks is essential reading for those who instruct experts in litigation. It contains an application of the principles set out in Khan v Meadows concerning the scope of a duty of care owed by expert witnesses to litigants.

Hughes v Rattan [2021] EWHC 2032 (QB)

Date
21st July 2021
Court
Key Issues
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Judge

The case of Hughes found the Defendant to be vicariously liable for the acts and omissions of self-employed associate dentists, finding the Defendant did owe the Claimant a non-delegable duty of care in respect of the dental treatment. Introduction The Claimant brought a dental negligence claim against Defendant, the former owner of a dental practice […]

Khan v Meadows [2021] UKSC 21

Date
18th June 2021
Court
Key Issues
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Judge
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The judgment of the Supreme Court in Khan v Meadows [2021] UKSC 21 concerns the issue of whether factually caused loss is within the scope of the duty of care in negligence, i.e. the SAAMCO principle. It was heard by an expanded panel of the Supreme Court and heard with the case of Manchester Building […]

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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