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 an industry publication, produced by DAC Beachcroft, 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. …
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…
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 By Rachel Thompson 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 By Katy Barraclough Jones 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 Kristian Hansen 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…
How to prepare for remote hearings and Trials during the pandemic By Mark Ashley On 22 March 2020, the Judiciary published a Protocol on how to conduct hearings remotely to help ensure public safety and social distancing in light of Covid-19. The Protocol covers all hearings, trials and applications including those where one of…
CRU repayments found to be non-compliant with Insurers’ property rights under European Convention on Human Rights By Stuart Keyden In this article we consider the recent decision of the High Court from November 2020 in the case R (on the application of Aviva Insurance Ltd and Swiss Reinsurance Co Ltd) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin) which…
Getting It Right First Time (“GIRFT”) publishes clinical practice guide for improving the management of adult COVID-19 patients in secondary care By Heather Durston-Hillyer GIRFT aims to help to improve the quality of care provided by the NHS by reducing variations in the way that healthcare is provided across Trusts. As part of their ongoing programme the GIRFT team have recently published their “Clinical Practice…
Court of Appeal provides valuable guidance on cauda equina syndrome claims By Mark Ashley Hewes v (1) West Hertfordshire Acute Hospitals NHS Trust, (2) East of England Ambulance Service NHS Trust & (3) Dr Tanna provides valuable guidance from the Court of Appeal on cauda equina syndrome claims, and on the high bar for success when…
