Author: smlegalservices

Just throwing out a couple of nuggets as reminders to all professionals of the basic standards expected of us all. FB (SUING BY HER MOTHER & LITIGATION FRIEND WAC) v PRINCESS ALEXANDRA HOSPITAL NHS TRUST [2017] EWCA Civ 334, 12/05/2017 The case concerns the mis-diagnosis of pneumococcal meningitis as  a respiratory tract infection in a 13 month old … Continue reading Standards of care & Breach of statutory duty

Friday afternoon has rolled around again in no time. Despite my well founded intention to tweet every day and write regular articles, this has not yet come to fruition, but I am working on it....... The frenzy surrounding costs budgets seems to have died down for now and I haven't used my crystal ball for … Continue reading No crystal ball gazing this week..

Whatever your view on fixed costs for clinical negligence cases, it certainly continues to spark debate. Concerns include that it will hinder access to justice for the most vulnerable and that the system needs overhaul before a pricing structure is fixed, there is certainly much to consider. As always, the costs landscape is continuously evolving … Continue reading Fixed costs; the debate goes on…

The following case sets out the point that a third party can have a claim arising out of clinical negligence. (1) Re (A Minor By Her Mother & Litigation Friend) (1st Claimant) (2) LE (2nd Claimant) (3) DE (4th Claimant) v Calderdale & Huddersfield NHS Foundation Trust (2017) In this case, the maternal grandmother was … Continue reading Far reaching consequences of clinical negligence

ANGEL GROUP LTD & ORS v DAVEY Ch D (A Hochhauser QC) 28/03/17 Fail to disclose information and conduct yourself dishonestly and you mat face an order for indemnity costs. RE Z (A CHILD) [2017] EWCA Civ 157 CA (Civ Div) (Longmore LJ, Macur LJ) 28/03/2017   Determining which party should bear the cost of translating … Continue reading Indemnity costs, Translation costs, Enhanced Interest & Assignment of CFA

LISA THEFAUT v FRANCIS JOHNSTON EWHC 497 QBD 14/03/2017 The claimant underwent surgery for the severe pain in her back and numbness in her left leg, but unfortunately, it exacerbated her leg pain and failed to resolve her back pain. It was found that a reasonable patient with such symptoms, fully and properly advised, would have … Continue reading Surgery & Liability; the risks of failing to advise of the risks…

Despite the advances in medicine, giving birth is not always straightforward.  Get talking to any mother about her birth experience and it is almost certain to result in a lengthy conversation as to the drama, complications, unforeseen problems and, of course, pain - except for the lucky few who sail through it and love every … Continue reading Giving Birth; Minimising Risks and Beyond

I never knew that such a test existed; not surprising though as we are talking about tests that date back to the 1960's. Users of an oral pregnancy test are looking at legal action following brain and organ damage in babies - a situation that has an air of the thalidomide cases. Experts will be … Continue reading The consequences of the oral pregnancy test

Mr Paul Fenton has recently joined the partnership and his current practice involves complex lower limb trauma, post-trauma limb reconstruction and foot and ankle surgery. Mr Fenton is looking forward to working with our clients to deliver his expert medico-legal opinion in a variety of cases. If you are interested in instructing Mr Fenton, please get … Continue reading We are pleased to welcome Paul Fenton to the Partnership

SHACKLETON & ASSOCIATES LTD v (1) ALI MARZOOK ALI BIN KAMIL AL SHAMSI (2) MOHAMMED ALI MARZOOK ALI BIN KAMIL AL SHAMSI (3) MARZOOK ALI MARZOOK ALI BIN KAMIL AL SHAMSI  [2017] EWHC 304 QBD 23/02/2017 An interesting case on costs where a company owned by a solicitor providing arbitration services was represented by that solicitor  to … Continue reading Reasonable costs recoverable by solicitor enforcing award in respect of his own company’s fees