Causation in negligence, once Breach of Duty has been established. The ‘but for’ test, ‘material contribution,’ and ‘loss of a chance’
Single negligent cause of injury. If Claimant can prove that, but for the Defendant’s negligence, the injury would not have occurred, then causation is established…
View More Causation in negligence, once Breach of Duty has been established. The ‘but for’ test, ‘material contribution,’ and ‘loss of a chance’The cost of consent
https://online.boneandjoint.org.uk/doi/pdf/10.1302/0301-620X.102B5.BJJ-2019-1759?casa_token=W4lnktDjIwUAAAAA:S4vPEulmvD3H3TsX23Bn1SEOlhmjO5CLWlpxOvDxHOFU7yoXCDnal-0ia1NsERgM6wnrx0bIrpTnCeo Birch & Todd, BJJ, 2020. In the UK, the cost of negligence claims continues to rise despite no increase in the number of cases…
View More The cost of consentSupracondylar and intercondylar distal femoral fractures: not just a standard femoral fracture.
There are two demographics in this group (typically these are the young adult suffering a high energy impact, and the elderly osteoporotic individual with an…
View More Supracondylar and intercondylar distal femoral fractures: not just a standard femoral fracture.New ‘Statement of Truth’ required from 1 October 2020, from Civil Procedure Rules (Practice Direction 22)
“I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not.…
View More New ‘Statement of Truth’ required from 1 October 2020, from Civil Procedure Rules (Practice Direction 22)Remote medical examinations during the pandemic.
The following link is to an article on remote medical examinations by the well-known barrister Giles Eyre: https://www.maps-medical.co.uk/news-opinions/remote-medical-examinations-in-medico-legal-practice I think the important bullets from his…
View More Remote medical examinations during the pandemic.Bolam again
May I refer you to the blog of Lauren Sutherland QC, whose article on Bolam and the Scottish case of Hunter -v- Hanley that preceded…
View More Bolam againTo what extent does the experience of the doctor affect the standard of care expected?
https://laurensutherlandqc-lawandethics.com/cases/sc-a-child-v-university-hospital-southhampton-nhs-foundation-trust/ I won’t attempt to better the summary of the legal opinion and precedent cases presented in the blog of Lauren Sutherland QC. This is…
View More To what extent does the experience of the doctor affect the standard of care expected?Montgomery -v- Lanarkshire Health Board 2015. Part 2.
From my perspective as a medical person, the key parts of the Supreme Court judgement are the following remarks: “The correct position, in relation to…
View More Montgomery -v- Lanarkshire Health Board 2015. Part 2.What is a material risk?
“An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must…
View More What is a material risk?When post-event published literature can be used, and when it can’t
Sometimes cases come to medical negligence litigation many years after the event. My record so far was litigation 40 years after the event. Litigation was…
View More When post-event published literature can be used, and when it can’t