Author: Imogen Hildred

Summary: The High Court has today handed down judgment in Marc Traylor and Kitanna Traylor v Kent and Medway NHS Social Care Partnership Trust, a clinical negligence case full of interesting legal issues including the application of the illegality doctrine, voluntary assumption of risk, contributory negligence and Human Rights Act claims.  Although the claims ultimately failed, the […]

Read More… from Insanity should not be equated with illegality: Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB)

Today, 13 January 2022, the Court of Appeal handed down judgment in the long awaited nervous shock appeals in Paul v Wolverhampton, Polmear v Royal Cornwall and Purchase v Ahmed. The issue was whether a gap in time between the breach of duty and a subsequent shocking event prevents a nervous shock claim. As the Court of Appeal recognised […]

Read More… from Bring on the Supremes…

The determination of life expectation in cerebral palsy litigation must always be driven by the expert evidence in the particular case. What is set out below is an approach driven by the evidence received from experts in reported decisions, but – be warned – great care must always be taken to ensure that in each […]

Read More… from Life Expectancy in Cerebral Palsy cases: The mechanism behind the crystal ball

“Indivisible Injury” has more than one meaning so make sure you’re not at cross purposes with the judge The essential facts are that the Claimant had chest pain and needed angiography (an investigation of the blood vessels to the heart). He stopped warfarin (a long term anticoagulant) on 23 April, had the angiogram on 27 […]

Read More… from Understanding Thorley and Material Contribution

Am I the only one who thinks that the legal tests in clinical negligence are sometimes harder to understand than they should be? The case law on my favourite topic – Bolam and other tests for breach of duty – is littered with confusion. And it strikes me that Material Contribution is too. The But […]

Read More… from Material contribution – not as complicated as you think