1. If you have a spinal surgery case where a patient has suffered a non-negligent complication you need to read Mr Justice Green’s careful analysis of the law of consent post-Montgomery in Thefaut v Johnston [2017] EWHC 497 QB, handed down last week on 14th March 2017. […]
Read More… from Thefaut v Johnston – A game changer for consent in elective surgery
Supreme Court Appeal Heard: 14th and 15th December 2016 Judgment to be handed down: 22nd March 2017 The Supreme Court will hand down judgment in its second appeal concerning the Mental Capacity Act 2005 at 9.45am on Wednesday 22nd March 2017. What are the issues? Sir James Munby P dismissing the appeal to the Court […]
You can find an update to the third edition of Medical Treatment: Decisions and the Law concerning Thefaut v Johnson here. […]
1. This morning the Lord Chancellor announced that the discount rate would be revised from 2.5% to -0.75%. This clearly has major implications for the calculation of future losses and will lead to much higher awards and settlements than we have seen before. There are also major implications for the calculation of damages for accommodation […]
Webster v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 This was a consent claim where breach of duty was admitted, there was a dispute about the advice that should have been given and where causation was denied. Unusually the Court of Appeal reversed the first instance finding on causation with the result that […]