Clinical negligence - DAC Beachcroft

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This collection looks at the latest news and comment on clinical negligence healthcare law.

Patient expectation of successful clinical outcome can lead to disputes both in the public and private spheres. Accompanying these potential disputes are cost pressures, which are more acute than ever for clinical negligence/medical malpractice indemnifiers. This collection will guide you through clinical negligence healthcare law across both the public and private healthcare sector.

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Articles & newsletters (66)

High Court delivers judgment in obstetric case relating to care provided in 1996

24 enero 2023

Blameworthiness or causative potency – which, if either, carries more weight when apportioning responsibility for injury?

21 julio 2022

Latest on what lies ahead for data in health and social care

21 junio 2022

The Final Ockenden Report

28 abril 2022

NHS Resolution publishes 3 reports following thematic review of claims relating to care provided in Emergency Departments in England

31 marzo 2022

Too far on consent claims? More clarity provided around consent issues for surgery following Montgomery

14 marzo 2022

Expert evidence in clinical negligence litigation

16 diciembre 2021

CLINICAL NEGLIGENCE UPDATE: PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION

12 octubre 2021

The Cumberlege Report “First do no harm”: 12 months later, the government responds

02 agosto 2021

Vicarious liability and non-delegable duties in healthcare claims

15 julio 2021

Health and Social Care Committee publishes wide-ranging report on the safety of maternity services in England

09 julio 2021

Security guards in A&E: A reminder that context is everything

01 julio 2021

Khan v Meadows – liability for unanticipated consequences of medical negligence

22 junio 2021

Learning from Litigation Claims

07 mayo 2021

COVID-19: Litigation in the time of a pandemic

17 marzo 2020

Guidelines, not tramlines! The interplay between NICE Guidelines and clinical judgement

02 marzo 2020

Is It Always Negligent To Get It “Wrong”?

17 febrero 2020

Vicarious Liability and the “Independent Contractor Defence” – The Appeal of Barclays Bank PLC v Various Claimants

06 enero 2020

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

04 noviembre 2019

Statutory patient safety investigations now just around the corner?

17 octubre 2019

Calling all hip and knee surgeons - New Professional Guidance for arthroplasty documentation to evidence safe clinical practice

30 julio 2019

Secrets and lies: dishonest exaggeration in clinical negligence claims

04 junio 2019

GP Indemnity Scheme – Everything you need to know

04 junio 2019

Successful defence of a consent case in the Court of Appeal

04 junio 2019

The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place

04 junio 2019

Court of Appeal: No discrimination where Shared Parental Pay differs from Maternity Pay

29 mayo 2019

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

11 marzo 2019

'What does a good Spinal Service look like?' Find out with the latest GIRFT Report

19 febrero 2019

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

14 febrero 2019

Success for Defendant Trust in Strike Out application for secondary victim claim : Doosey v Leeds Teaching Hospital NHS Trust [2017]

31 enero 2019

Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust

16 enero 2019

Safe Use of Portable Oxygen Systems – HSIB Investigates

11 enero 2019

Wrongful birth: clinical negligence compensation for poor advice

12 diciembre 2018

Know your victim: Primary or Secondary!

21 noviembre 2018

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

12 noviembre 2018

Probability and loss of chance versus medical certainty! Singapore High Court awards damages to Claimant on the basis of dissenting arguments in Gregg v Scott

17 octubre 2018

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

11 octubre 2018

Show us the evidence! – Defendant's success at obtaining summary judgment in a clinical negligence case

20 junio 2018

Witness Statements – A Word of Warning!

24 mayo 2018

Vascular Surgery GIRFT Programme National Speciality Report – what you need to know

15 mayo 2018

Exaggeration and dishonesty does not pay!

09 mayo 2018

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

08 mayo 2018

Claimant's Cost Budget successfully challenged on the use of blended rates

26 abril 2018

Qualified one-way costs shifting: What constitutes an exception to the rules and when will the Court apply its discretion in relation to the cost award?

29 marzo 2018

Fair-handed approach? Latest on challenging Health Service Ombudsman decisions

28 marzo 2018

What is Fundamental Dishonesty? In this case, a central allegation to the case, based upon a lie

26 marzo 2018

Forthcoming Changes to the Discount Rate

22 marzo 2018

Court of Appeal rule switch from LSC to CFA funding pre-LASPO as unreasonable

22 marzo 2018

No room for error: service of the Claim Form by Litigants in Person

14 marzo 2018

Non-delegable duties: Do they apply to prison healthcare?

14 febrero 2018

Consent – beware gaps in evidence

08 febrero 2018

Bereavement damages and cohabitees

30 noviembre 2017

Part 36 Offers and the amended discount rate - beware of the rules for service

31 agosto 2017

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

23 agosto 2017

Failure to obtain informed consent does not give rise to a separate right to damages

15 agosto 2017

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

15 agosto 2017

Case summary: expectations of standards of care

27 julio 2017

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

28 junio 2017

To recuse or not to recuse: A brief overview of alleged judicial bias

09 mayo 2017

Information required to obtain informed consent for elective procedures

25 abril 2017

The long goodbye to Bolam: Consent in clinical negligence claims

21 marzo 2017

The last-minute change of plan: How courts are no longer easing the path for late amendments

28 febrero 2017

Disproportionate ATE premium slashed from £31,976.49 to £2,120

23 febrero 2017

Covert Medication – Guidance from the Court of Protection

20 julio 2016

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

01 febrero 2016

Candour, complaints and litigation

29 septiembre 2015

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Nigel Montgomery

+44 (0)117 918 2321

nmontgomery@dacbeachcroft.com

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Articles & newsletters (66)

High Court delivers judgment in obstetric case relating to care provided in 1996

Blameworthiness or causative potency – which, if either, carries more weight when apportioning responsibility for injury?

Latest on what lies ahead for data in health and social care

The Final Ockenden Report

NHS Resolution publishes 3 reports following thematic review of claims relating to care provided in Emergency Departments in England

Too far on consent claims? More clarity provided around consent issues for surgery following Montgomery

Expert evidence in clinical negligence litigation

CLINICAL NEGLIGENCE UPDATE: PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION

The Cumberlege Report “First do no harm”: 12 months later, the government responds

Vicarious liability and non-delegable duties in healthcare claims

Health and Social Care Committee publishes wide-ranging report on the safety of maternity services in England

Security guards in A&E: A reminder that context is everything

Khan v Meadows – liability for unanticipated consequences of medical negligence

Learning from Litigation Claims

COVID-19: Litigation in the time of a pandemic

Guidelines, not tramlines! The interplay between NICE Guidelines and clinical judgement

Is It Always Negligent To Get It “Wrong”?

Vicarious Liability and the “Independent Contractor Defence” – The Appeal of Barclays Bank PLC v Various Claimants

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

Statutory patient safety investigations now just around the corner?

Calling all hip and knee surgeons - New Professional Guidance for arthroplasty documentation to evidence safe clinical practice

Secrets and lies: dishonest exaggeration in clinical negligence claims

GP Indemnity Scheme – Everything you need to know

Successful defence of a consent case in the Court of Appeal

The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place

Court of Appeal: No discrimination where Shared Parental Pay differs from Maternity Pay

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

'What does a good Spinal Service look like?' Find out with the latest GIRFT Report

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

Success for Defendant Trust in Strike Out application for secondary victim claim : Doosey v Leeds Teaching Hospital NHS Trust [2017]

Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust

Safe Use of Portable Oxygen Systems – HSIB Investigates

Wrongful birth: clinical negligence compensation for poor advice

Know your victim: Primary or Secondary!

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

Probability and loss of chance versus medical certainty! Singapore High Court awards damages to Claimant on the basis of dissenting arguments in Gregg v Scott

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

Show us the evidence! – Defendant's success at obtaining summary judgment in a clinical negligence case

Witness Statements – A Word of Warning!

Vascular Surgery GIRFT Programme National Speciality Report – what you need to know

Exaggeration and dishonesty does not pay!

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

Claimant's Cost Budget successfully challenged on the use of blended rates

Qualified one-way costs shifting: What constitutes an exception to the rules and when will the Court apply its discretion in relation to the cost award?

Fair-handed approach? Latest on challenging Health Service Ombudsman decisions

What is Fundamental Dishonesty? In this case, a central allegation to the case, based upon a lie

Forthcoming Changes to the Discount Rate

Court of Appeal rule switch from LSC to CFA funding pre-LASPO as unreasonable

No room for error: service of the Claim Form by Litigants in Person

Non-delegable duties: Do they apply to prison healthcare?

Consent – beware gaps in evidence

Bereavement damages and cohabitees

Part 36 Offers and the amended discount rate - beware of the rules for service

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

Failure to obtain informed consent does not give rise to a separate right to damages

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

Case summary: expectations of standards of care

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

To recuse or not to recuse: A brief overview of alleged judicial bias

Information required to obtain informed consent for elective procedures

The long goodbye to Bolam: Consent in clinical negligence claims

The last-minute change of plan: How courts are no longer easing the path for late amendments

Disproportionate ATE premium slashed from £31,976.49 to £2,120

Covert Medication – Guidance from the Court of Protection

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

Candour, complaints and litigation

Nigel Montgomery

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