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
This is a strange read. The issue on appeal to the Supreme Court was: “If a child born with more than one disability would not have been born but for a doctor’s failure to advise of the risk of their being born with one of those disabilities, can the mother sue the doctor for the […]
Read More… from Khan v Meadows [2021] UKSC 21 And The New Approach To Negligence: Your Starter For 6
A very common scenario in clinical negligence and personal injury claims is that the claimant’s negligent injury occurs on a background of pre-existing disability – how does the court assess the damages for care in the claim? Examples of pre-existing disability in my own cases have included- Hydrocephalus; Spina bifida; Significant learning disability; Partial spinal […]
There has been a revolution in genetic testing over the past decade. Technological advances have greatly increased the scope and use of testing. Testing is now faster and cheaper. This has meant that it has become easier to analyse a whole, or large sections of a genome in detail[1]. This innovation brings with it ethical […]
Read More… from Genetics evidence revolution: How should courts determine permission applications?
The much-anticipated judgment in Swift v Carpenter [2020] EWCA Civ 1295 provided a neat and just approach to the valuation of capital costs in accommodation damages claims. Helpfully the Court of Appeal provided an easy to apply formula for accommodation claims where claimants have longer life expectancies thereby providing much needed litigation certainty – and […]
Read More… from Swift v Carpenter: short life expectancies and cliff edges