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Updates

5

Jan

What is the standard of care a patient can expect from a junior hospital doctor?

In any claim for medical negligence against a Junior Doctor, the Court has to consider whether the clinician has breached a duty of care to the patient.  One of the questions is what is the level of care that the clinician owes to the patient?   The Court of Appeal had to consider this question […]

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19

Dec

When is a worker partially responsible for his accident at work?

The law has long since recognised the principle of “contributory negligence”. What this means is that a Judge can find that whilst the Defendant in a claim has breached a duty and caused the Claimant personal injury, the Claimant’s personal injury compensation can be reduced by a percentage to reflect the accident victim’s own legal […]

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3

Aug

What is informed consent for surgery?

Can a patient claim damages against a hospital for failure to obtain informed consent to an operation? In 2015 there was a fundamental change in the law concerning the doctor/patient relationship.   A case in the Supreme Court decided that a doctor should give all material relevant information to the patient including available options in relation […]

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16

May

Liability of the A&E Receptionist

The Court of Appeal has recently examined the duty of care owed by a non-medically qualified hospital A&E receptionist to patients in the context of a claim for compensation for medical negligence. On Monday 17 May 2010 Michael Darnley was assaulted.  He received a violent blow to the head.  His friend drove him to the […]

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3

May

Apportioning the blame

Sometimes the injured party must bear some of the blame for an incident, and the judge may adjust the compensation payout accordingly. In the summer of 2013, Miss Okai-Koi parked her car in the car park of the Lord Kitchener pub in New Barnet to visit a Sainsbury’s supermarket across the road.  When she came […]

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24

Apr

When can an injured party rely on motor insurance?

On 27 July 2012 a tragic accident occurred on the Malmesbury Bypass in Wiltshire, involving a burger seller and a motorcycle, which raised questions about when an injured party can claim on motor insurance for compensation. Mr Woodward ran a hamburger van which was parked up on the side of the road.  This was a converted ambulance.  Mr […]

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13

Apr

When the risk of injury is obvious

The High Court has confirmed that there is no duty to warn customers of obvious risks of injury. On 11 January 2014 Emma Maylin, a 27 year old woman, went to use a bouldering wall at an indoor rock climbing centre. The bouldering wall was considered somewhat more dangerous than the other rock climbing because, […]

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30

Mar

Duty of the Doctor to have a ‘Dialogue’ with the Patient

A recent change in the law relating to medical negligence claims was examined in a High Court decision earlier this month. Mrs Thefaut had a bad back with sciatica.  She ended up seeing a Consultant Neurosurgeon, Francis Johnston, who carried out surgery on her.  Mrs Thefaut complained that Mr Johnston had not explained the options […]

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29

Mar

Asbestos disease: Claims against multiple employers

During the 1950’s, 1960’s and 1970’s Mr Lloyd, who mainly worked as a welder, was exposed to dangerous levels of asbestos whilst in the employ of a number of different firms. He had a rather complicated medical history and there was some doubt about when exactly his asbestos-related disease was diagnosed.  The High Court who heard the case in February last year […]

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28

Feb

Road Traffic Accident between lorry and cyclist

Yet another Court of Appeal Case has examined how liability should be apportioned in road traffic cases, this time as between a cyclist and a lorry driver. The Case concerns an accident which occurred in May 2011. The Claimant, Ms Collette McGeer, was cycling along a busy main road in Ellesmere Port. Ahead of her […]

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