Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

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Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

Serious Injury Cases: Another Example of the Judges Going Back to Basics – Zenith PI Blog

Posted April 2nd, 2015 in birth, damages, hospitals, negligence, news, personal injuries by sally

‘An earlier post looked at several cases this year where judges have considered fairly fundamental principles of damages when assessing serious personal injury claims. This trend can be seen again in a case decided today Robshaw -v-United Lincoln Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Zenith PI Blog, 1st April 2015

Source: www.zenithpi.wordpress.com

Boy left disabled during birth could receive record £15m compensation – Daily Telegraph

Posted April 2nd, 2015 in birth, compensation, hospitals, negligence, news by sally

‘James Robshaw faces a lifetime of dependence after complications during his birth left him with cerebral palsy.’

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Daily Telegraph, 2nd April 2015

Source: www.telegraph.co.uk

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Smoothie court case leaves nasty taste in the mouth for placenta fans – The Independent

Posted March 23rd, 2015 in birth, environmental health, food, health & safety, human tissue, news by sally

‘Swindon Borough Council argue ‘the processes involved in the production of placenta for human consumption present a number of potentially serious health risks”

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The Independent, 20th March 2015

Source: www.independent.co.uk

Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

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Cloisters, 9th March 2015

Source: www.cloisters.com

Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

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Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

Baby deaths inquiry: NHS criticism expected – BBC News

Posted March 3rd, 2015 in birth, doctors, health, hospitals, midwives, news, quality assurance, reports by sally

‘Failures at a maternity unit where a number of newborn babies and mothers died are expected to be exposed later.’

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BBC News, 3rd March 2015

Source: www.bbc.co.uk

CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

Girl, 7, awarded £10m in damages from King’s College Hospital Trust – BBC News

Posted January 23rd, 2015 in birth, compensation, hospitals, news, personal injuries by sally

‘A seven-year-old girl whose mind is “trapped in a body” that will not do as she wants has been awarded £10.1m.’

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BBC News, 22nd January 2015

Source: www.bbc.co.uk

Tragedy of Latvian migrant who buried her baby alive after police decided they couldn’t help her – Daily Telegraph

Posted December 8th, 2014 in birth, homelessness, infanticide, mental health, news, prostitution by sally

‘A hearing at the Old Bailey hears Elita Amantova, 39, was living off berries and bread left out for the birds before she gave birth.’

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Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

Nurse faked having baby by ‘borrowing’ friend’s child – Daily Telegraph

Posted December 2nd, 2014 in birth, forgery, fraud, imprisonment, news, nurses, sentencing by sally

‘Court hears how Charmaine Wilson tricked Liam Griffiths into believing drunken one-night stand led to the birth of a baby boy’

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Daily Telegraph, 1st December 2014

Source: www.telegraph.co.uk

Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

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Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

Woman sentenced for abandoning baby in Birmingham park – BBC News

Posted July 3rd, 2014 in birth, children, mental health, news, sentencing, suspended sentences by sally

‘A woman who dumped her newborn baby in a plastic bag in a Birmingham park has been spared prison.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

Thalidomide drug victims launch legal action – BBC News

Posted June 5th, 2014 in birth, compensation, medicines, news, personal injuries, victims by sally

‘Thalidomide victims have launched legal action against the drug’s manufacturer and distributor 50 years after it was prescribed to their mothers.’

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BBC News, 5th June 2014

Source: www.bbc.co.uk

Mentally-ill woman has Caesarean after court ruling – BBC News

Posted May 2nd, 2014 in birth, consent, Court of Protection, mental health, news by tracey

‘A mentally-ill woman has given birth by Caesarean section after a judge ruled doctors could perform the procedure. The woman, who is in her 30s and has a psychotic disorder, had a liver condition which posed a risk to her and her baby, doctors said.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

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Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk