Category Archives: Negligence

Nadia Sawicki, ‘Ethical Malpractice’

ABSTRACT Traditional claims of medical malpractice arise from deviations from medical standards of care regarding knowledge, professional decision-making, or technical skill. While many standards of ethical behavior are just as firmly rooted in medical custom as these more technical standards, US courts have typically been unwilling to acknowledge ethical violations as compensable breaches of legal […]

Abeezar Sarela, ‘Basma v Manchester University Hospitals NHS Foundation Trust: The Scrutiny of a Clinical Judgement’

INTRODUCTION A ‘clinical judgment’ is a central and recurring notion in medical law. The notion came into prominence in clinical negligence litigation, where the main issue is whether a doctor has acted reasonably in the circumstances in relation to specific aspects of a patient’s care. Traditionally, judges have relied on prevalent medical practice – the […]

‘Case Comment: Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3′

“In this post, Frances Gordon-Weeks and Kristyna Muhlfeitova from CMS comment on the decision of the UK Supreme Court in the matter of Okpabi and others v Royal Dutch Shell and another [2021] UKSC 3 which concerned whether and in what circumstances the UK-domiciled parent company of a multi-national group of companies may owe a […]

‘Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case’

“In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue […]

Imogen Goold, ‘Recognising What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX

ABSTRACT Whittington Hospital NHS Trust v XX (XX) turned on whether the courts should fund the creation of children for a woman negligently denied the ability to do so herself by awarding her the cost of pursuing surrogacy via a commercial service in California. The key issues were whether these costs should include surrogacy using […]

Paula Case, ‘Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico-Legal Risk’

ABSTRACT The prescription of ‘unlicensed’ cannabis-based medicines was legalised in 2018. A ‘boundary work’ analysis of the post reform guidance issued for doctors reveals a discourse which frames the prescription of medicinal cannabis as a matter for clinical judgement, but also as fraught with medico-legal hazard. The article highlights a triad of rhetorical devices comprising […]

‘Judges owed a duty of care, government concedes’

“Ministers and the senior judiciary owe judges a duty of care, the government has for the first time accepted in a landmark concession in a claim alleging judicial bullying and negligence. The admission comes amid growing complaints of bullying among the judiciary and could precipitate a flood of claims by judges …” (more) [Catherine Baksi, […]

‘Quebec court dissent in liability case “goes too far” on obligation to carry mobile device: lawyer’

“A divided Quebec Court of Appeal may have opened the door towards a positive obligation to carry a mobile phone when doing physical outdoor activities as a precaution against foreseeable risk or face the possibility of being held to account for a contributory fault, according to experts. In a ruling that examines the principles of […]

‘Proposed changes to the Defective Premises Act’

“Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building. Last weekend, news broke of the latest initiative …” (more) [Gareth Stringer and Katharine Tulloch, Thomson […]

‘Secondary Victims: Still Second-Class Claimants?’

“In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital …” (more) [Nikhil Arora, Ropewalk Chambers, 12 July]