‘The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 (the “CPA”).’
UKSC Blog, 20th May 2022
Source: ukscblog.com
‘A High Court judge has set a timetable for decisions on the future of a boy at the centre of a treatment dispute after suffering brain damage.’
BBC News, 19th May 2022
Source: www.bbc.co.uk
‘A review of the long-term outcomes for children treated for gender dysphoria is being drawn up by ministers, following warnings over how little is known about children who later regret the treatment.’
The Guardian, 24th April 2022
Source: www.theguardian.com
‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’
Ropewalk Clinical Negligence Blog, 7th April 2022
Source: www.ropewalk.co.uk
‘The first inquiry of its kind held in England is investigating the deaths of 1,500 people who died while being cared for as patients of NHS mental health services in Essex.’
The Guardian, 28th March 2022
Source: www.theguardian.com
‘The ‘husband’s stitch’ is the practice of placing an extra stitch at the vaginal opening of a patient after birth for cosmetic purposes. This practice has at times been inflicted upon birthing patients non-consensually, and a gap in British legislation leaves these individuals particularly vulnerable to obstetric violence.’
Oxford Human Rights Hub, 9th March 2022
Source: ohrh.law.ox.ac.uk
‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’
Ropewalk Clinical Negligence Blog, 16th March 2022
Source: www.ropewalk.co.uk
‘A judge has ruled that a woman who suffered a brain haemorrhage is dead after a case at the High Court.’
BBC News, 16th March 2022
Source: www.bbc.co.uk
‘A mother has won a legal battle to ensure her teenage son has the right to a potentially life-saving transplant.’
BBC News, 8th March 2022
Source: www.bbc.co.uk
‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’
Local Government Lawyer, 1st March 2022
Source: www.localgovernmentlawyer.co.uk
‘As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or further injury is suffered. In such circumstances, there may be multiple potential Defendants to any legal claim.’
Ropewalk Clinical Negligence Blog, 17th February 2022
Source: www.ropewalk.co.uk
‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’
Local Government Lawyer, 28th January 2022
Source: www.localgovernmentlawyer.co.uk
‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’
Ropewalk Clinical Negligence Blog , 25th January 2022
Source: www.ropewalk.co.uk
‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.
However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’
Legal Futures, 12th January 2022
Source: www.legalfutures.co.uk
‘A surgeon who burned his initials on to the livers of two patients during transplant surgery has been struck off the medical register.’
The Guardian, 11th January 2022
Source: www.theguardian.com
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