Capacity and agreements to settle – Joanne Dunhill (by her litigation friend Paul Tasker) v Shaun Burgin [2012] EWCA Civ 397// Limitation periods - John Charles Roberts v Commissioner of Police of the Metropolis [2012] EWCA Civ 799// Findings of fact – Audrey Burnett v Lynch [2012] EWCA Civ 347// Claimant’s request for adjournment of trial due to solicitor ceasing to act – Bowden v Homerton University Hospital NHS Foundation Trust [2012] EWCA Civ 245
The law relating to consent is of central importance to patients, clinicians and those who act for them because it protects the ethical principle of autonomy, the right of individuals to have the final say about what is or is not done to their bodies. The courts take a dim view of treatment that is provided without a patient’s consent, and the clinician who ignores a patient’s wishes risks, in the very worst circumstances – where consent is not just uninformed but entirely vitiated as unreal – a finding of battery.
Dealing with complaints effectively throughout the NHS is fundamental to maintaining the confidence of patients in relation to its performance, efficiency, quality and safety of care.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Ed Duckworth takes a look at the recent health claim cases, including: Res Ipsa Loquitur in Clinical Negligence – Thomas v Curley [2011] EWHC 2103(QB); Successive causes and causation; Loss of chance - Wright v Cambridge Medical Group [2011] EWHC Civ 669; Causation and contribution – Dalling v Heale & Co [2011] EWHC Civ 365; and Deferring assessment of damages - Cook v Cook [2011] EWHC 1638 (QB).
Whilst Cauda Equina Syndrome is a relatively rare condition, it is a fairly common source of Clinical Negligence claims. In this article Jonathan Fuggle explores some of the issues that commonly arise when dealing with CES claims.
On 26 January, the Department of Health published the long-awaited industry review by Marsh. The purpose of the review was to consider...
Supreme Court Judgment in Rabone v Pennine Care NHS Trust clarifies law on Article 2, The Right to Life.