When is a doctor responsible for losses suffered after they have given bad advice? According to the Court of Appeal, if the loss is “coincidental”, it’s not recoverable. On 23rd November 2018 the Court of Appeal handed down judgment in the case of MNX v Khan [2018] in which it considered the extent to which […]
This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant suffered psychiatric injury. In […]
Read More… from Primary victim claims for mothers in childbirth are alive and kicking
On 10 October 2018, the important Supreme Court judgment in Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) [2018] UKSC 50 laid to rest any suggestion that non-medical hospital staff do not owe a duty of care to patients. On the facts, the Appellant was wrongly advised by an A&E receptionist that he would have to […]
Read More… from Non-medical staff owe a duty of care to hospital patients
The issue of illegality as a defence in clinical negligence actions is controversial. It typically arises in a rare category of cases in which alleged failures of medical care results in a patient (the Claimant) suffering a psychotic episode. As a result of the psychotic episode, the Claimant then commits a criminal act. This leads […]
There is no doubt that it is harder for a claimant to win a nervous shock claim now than 3 years ago. The bar for what is a ‘shocking event’ is higher following decisions in favour of defendants in Ronayne and Shorter. Defendants have been encouraged by success to fight more cases to trial. What […]