smlegalservices

Keep your crystal ball for now

VALERIE ELSIE MAY MERRIX v HEART OF ENGLAND NHS FOUNDATION TRUST (2016) BHOJANI v UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST I must say I feel comforted by the fact that Judges realise that we are operating in an 'atmosphere of uncertainty' when it comes to costs management. It is very difficult to accurately predict what … Continue reading Keep your crystal ball for now

Out with Bolam; in with Montgomery

WEBSTER (A CHILD & PROTECTED PARTY, BY HIS MOTHER & LITIGATION FRIEND, HEATHER BUTLER) v BURTON HOSPITALS NHS FOUNDATION TRUST (2017) [2017] EWCA Civ 62 Montgomery case followed - see below blog from 13.12.16 The new test +a little practice reminder of a doctor's obligation to present the material risks and uncertainties of different treatments to … Continue reading Out with Bolam; in with Montgomery

Don’t let a conflict of interest be your downfall

EXP v CHARLES SIMON BARKER [2017] EWCA Civ 63 This is a recent case highlighting the importance of ensuring that you are not conflicted when agreeing to undertake the preparation of a medico-legal report. If you are an instructing party reading this blog, then it re-inforces how critical it is to get the best expert to … Continue reading Don’t let a conflict of interest be your downfall

Clinical Negligence and the need for logically formulated expert evidence

AMANDA MCGUINN v LEWISHAM & GREENWICH NHS TRUST [2017] EWHC 88 (QB) 26/01/2017 A case concerning breach of duty of care in arising from the failure to interpret scans, giving rise to severe neurodevelopmental impairment. The case refers to the need for expert evidence and opinion to logically take into account a number of factors and all … Continue reading Clinical Negligence and the need for logically formulated expert evidence

Fixed Costs Regime and Pre-Action Disclosure Application

CAREN SHARP v LEEDS CITY COUNCIL [2017] EWCA Civ 33 Entry into the portal leads to recovery of fixed costs in a bid to maintain proportionality. Altough pre-action disclosure applications stand alone from the claim, they are connected and fall within the description of an "interim application" in CPR 45.29H.

The importance of expert medical evidence can never be underestimated

Cases concerning children are always the most difficult to deal with, evoking all sorts of responses and emotions. In a recent case where a mother had initially been found responsible for inflicting non-accidental injuries on her baby, the finding was ultimately set aside for various reasons, including the question of the child possibly having a … Continue reading The importance of expert medical evidence can never be underestimated

Update on our panel members

We are continuously expanding our services and our partnership experts. If you are in need of medico-legal reporting services, please visit our reports page for details of our fields of medico-legal reporting. Although we are based in the West Midlands, we provide a nationwide reporting and diagnostics service. A little recap on our leading expertise; … Continue reading Update on our panel members

Clinical Negligence; date of knowledge and limitation period

KEITH MALCOLM LEWIN v GLAXO OPERATIONS UK LTD (SUED AS GLAXOSMITHKLINE UNLTD) (2016)

A case highlighting the importance of getting the best expert medical evidence

SALLY HARRIS v FRANCIS JOHNSTON [2016] EWHC 3193 (QB) QBD 14/12/2016 In this case where negligence was alleged in spinal surgery, the claimant's expert failed to address the defence case and referred throughout to a different instrument having caused injury. The claimant's expert proceeded on an assumption as to how the injury occurred without any reference … Continue reading A case highlighting the importance of getting the best expert medical evidence

Author: smlegalservices