Legal Update from Serjeants’ Inn 7th Annual Oxford Medical Law Conference

Serjeants’ Inn Chambers & Oxford Neurosurgery and Spine Practice – 7th Annual Oxford Medical Law Conference Wadham College 26 September 2016 Legal Update Duty of Care 1. Smith v University of Leicester NHS Trust [2016] EWHC 817 (QB) (15 April 2016): Neil Caven (“Neil”) a patient at the Defendant hospital (D) suffered from a long-standing […]

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Michael Mylonas QC and Amy Street in novel High Court case about posthumous DNA paternity testing and use of the inherent jurisdiction

On 15th April 2016 Peter Jackson J handed down judgment in Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam), an unusual case involving novel legal issues about whether the court can use the inherent jurisdiction to direct scientific testing of the DNA of someone who has died, for the purpose of providing evidence […]

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The privilege against self-incrimination and the Duty of Candour (A UK perspective)

1. Commentators have asked about the legal consequences of a health service body or other registered person under the Regulated Activities Regulations 2014 providing a notification of a patient safety incident under Regulation 20 (2) upon information provided by an individual doctor. Would that material be admissible against the individual doctor in (say) some later […]

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Eloise Power on new guidance for cosmetic procedures

Eloise Power comments: “The General Medical Council have this week made a welcome announcement that new guidance on cosmetic procedures will be brought into force from June 2016. This follows the recommendations in the Keogh review and a number of high-profile cases such as the PIP breast implant litigation. The guidance sets out a framework […]

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