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 […]
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 […]
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 […]
Is it too late to claim for my personal injury?
People often wonder how late is too late to make a personal injury claim. An interesting case was dealt with by the High Court just before Christmas, in relation to the x-ray contrast agent, Myodil. Keith Lewin was born in 1957. He suffered from a painful back and in 1973, when he was aged 15, he […]
A Hospital’s Duty of Care to Third Parties?
A recent High Court case has confirmed another decision made last year that the law should not be extended to mean that a hospital owes a duty of care to a patient’s wider family. The most recent case concerned claims brought by family members of Neil Caven who suffered from a neurological genetic disease. Mr […]
Proving extent of injury in medical negligence cases
In every Medical Negligence Case, in order to be successful the patient has to prove not only that the hospital breached its duty of care, but also that breach of duty has caused some sort of injury or adverse outcome. A recent Judgment of the Privy Council, which deals with appeals from Commonwealth jurisdictions, has […]
Duty of Care: Accident & Emergency Departments
A recent case in the High Court has examined the duty of care owed by hospitals and their Emergency Departments. It is a good illustration of the different standards of care which are to be expected of a triage nurse, GP and Hospital Specialist.
The Patient’s Right to Information
In March of this year the Supreme Court handed down a significant decision which dealt with a doctor’s duty to provide information to the patient. The case concerned Mrs Nadine Montgomery who gave birth to a baby boy at Bellshill Maternity Hospital in Lanarkshire. As a result of complications during delivery the baby was born […]
A Doctor’s Duty of Care
“Can a doctor owe a duty of care to someone who is not his patient?” Michael Shiers blogs on an interesting case which addresses this question.
Compensation Claims for Losing a Loved One (Secondary Victim)
Mike Shiers blogs about a ‘secondary victim’ claiming compensation for losing a loved one in distressing circumstances. Many people feel that the law in relation to secondary victims is unfair and in need of reform. This area of the law is likely to be brought more sharply into focus when the ongoing inquest into the Hillsborough Stadium disaster is completed. Sadly, there are still many victims from that disaster suffering due to watching the horrific events unfold on their TV screens.