The case is (to my knowledge) the first reported clinical negligence claim arising from the well known Montgomery v Lanarkshire Health Board[2015] AC 1430 principles since last year’s Duce v Worcestershire Acute Hospitals NHS Trust[2018] EWCA Civ 1307 and Khan v MNX[2018] EWCA 2609, and provides a useful illustration of the complexities of factual causation […]
The Claimant – a Consultant Radiologist – jumped from a balcony in an apparent suicide attempt and sustained serious injuries. He is now confined to a wheelchair. He alleged being let down by a number of psychiatric practitioners who, he said, had failed to admit him to hospital when he should have been admitted in […]
The Court of Appeal in XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 has overturned the High Court’s decision ([2017] EWHC 2318 (QB)) by awarding damages to an infertile claimant for the costs of commercial surrogacy in California. The first instance decision In a previous blog post from September 2017 entitled ‘Surrogacy: The […]
Read More… from Damages for the costs of commercial surrogacy: public policy is not rigid
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