Clinical negligence By Nigel Montgomery For all the latest news and comment in clinical negligence healthcare law
Clinical regulatory By Corinne Slingo For all the latest news and comment in clinical regulatory healthcare law
Health Adviser By Nigel Montgomery Health Adviser is DACB's flagship publication for the health sector, providing insight, foresight and thought-provoking features and articles that provide practical solutions for the issues of the day, for health and social care professionals. In…
Health and social care integration By Hamza Drabu For all the latest legal and regulatory news and comment in health and social care integration
Health corporate regulatory For all the latest news and comment in corporate regulatory healthcare law
Junior Doctors By Rachel Roberts-Jenkins Having worked for the NHS since its inception in 1948, and as an original panel firm for NHS Resolution, DAC Beachcroft has developed a training video and toolkit for junior doctors, which can be freely accessed here by trusts and health and social…
Personal injury costs recovery and the retreat from Cartwright, Ho and Harrison By Adam Burrell CPR 44.14(1) amendments For personal injury cases with issued proceedings on or after 6 April 2023, amendments will apply to the application of Qualified One-Way Costs Shifting (‘QOCS’). The amendments redress the ‘counterintuitive and unfair…
Blameworthiness or causative potency – which, if either, carries more weight when apportioning responsibility for injury? By Vicky Clarke Two recent decisions from Scotland look at apportionment between co-Defendants where there is a clinical negligence element to the claim. The majority of reported cases which assist us in considering apportionment arise from contributory…
Mathieu v Hinds - the outer limit for provisional damages? By Mark Bailey In Mathieu v (1) Hinds (2) Aviva plc [2022] EWHC 924 (QB) Mrs Justice Hill rejected the claimant’s arguments for a provisional award for post-traumatic dementia, and found that there was insufficient evidential underpinning to satisfy the relevant…
Monkeypox: What is it and what are the risks? By Thomas Jordan Monkeypox is a virus which is endemic in Central and West Africa but there have been increasing numbers of cases reported, with potential community infection, in the rest of the world including the UK. In this article our experts consider the…
Too far on consent claims? More clarity provided around consent issues for surgery following Montgomery By Simon Perkins A recent decision of the High Court in the case of Negus makes clear that when obtaining informed consent from a patient for a surgical procedure, there is no requirement for the surgeon to discuss highly technical intra-operative decision making
The Cumberlege Report “First do no harm”: 12 months later, the government responds The Independent Medicines and Medical Devices Safety (IMMDS) Review was commissioned in February 2018 by the then Secretary of State for Health, Jeremy Hunt. Led by Baroness Cumberlege, the Review was tasked to consider three ‘interventions’ 1)…
Deborah Head Executrix of the Estate of Michael Head, Deceased v The Culver Heating Co Limited By Mark Ashley This recent decision provides important insights into claims for loss of income (including financial dependency, and lost years) where the main source of income is dividends on shares in a business. It also looks at the circumstances where the Court…
Toombes v Mitchell: wrongful life v wrongful birth Can a disabled person ever claim damages on the basis that they would not have been born but for a defendant’s negligence? This is the question that was considered by Lambert J in the recent case of Toombes v Mitchell [2020] EWHC 3506 (QB).
Legal update on the pitfalls and intricacies of medicolegal expert evidence By Nicola Kumi Medicolegal expert evidence sits at the heart of cases involving injury, and from a practitioner’s perspective building a case around expert evidence is an all-important skill. There have been several recent cases worth noting that highlight the…
“Decompromising” a claim: Fraud and Part 36 settlements The recent judgment in Khalid Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB) saw the court addressing the issue of post-settlement discovered fraud and considering in detail the stringent requirements…
