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Article 03-12-2019
Healthcare Brief: latest decisions December 2019
A round up of recent court decisions raising issues relating to secondary victims, causation, informed consent, contrasting clinical records and witness evidence, and the burden of proof.
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Article 03-12-2019
Healthcare Brief December 2019: market insights
A summary of key developments, including an update on the first review of the discount rate under the Civil Liability Act 2018, the Code of Practice under the Mental Capacity (Amendment) Act 2019, proposed healthcare legislation in the Queen’s Speech, the Care Quality Commission’s annual assessment of health care and social care in England, and the first World Patient Safety Day.
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Case review 28-11-2019
Causation: the importance of keeping the possibility of rare occurrences under consideration
TB (a protected party) v Bedford Hospital NHS Trust [14.10.19]. Kennedys were instructed to represent the defendant Trust in relation to a claim for an alleged failure to diagnose a transient ischaemic attack (TIA) which, it was alleged, led to an avoidable stroke. The claimant established breach of duty, but failed to prove that a stroke she suffered was avoidable.
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Case review 28-11-2019
Burden of proof in medical negligence claims
Field v Medway NHS Foundation Trust [03.07.19]. This case concerned the adequacy of a caesarean section (CS) repair leading to abdominal complications. The Trust successfully defended a claim against the obstetrician for negligence in carrying out the repair. Kennedys represented the Trust.
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Case review 27-11-2019
Contraindication of bed rails in a hospital setting
LD v King’s College Hospital NHS Foundation Trust [30.08.19]. This case concerned whether the absence of bed rails on an inpatient’s bed amounted to a breach of duty, and whether implementation of bed rails would have prevented a fall being sustained.
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Case review 26-11-2019
Weighing up contrary evidence: clinical records and witness evidence
CXB v North West Anglia NHS Foundation Trust [04.07.19] required the Judge to weigh up the contrary evidence of the family and the clinicians in order to resolve a factual dispute. His Honour Judge Gore considered the case law relating to the reliability of contemporaneous medical records and the reliability of witnesses’ recollections, and expressed his reservations about the current ‘fashion’ for courts to prefer clinical records to contrary factual accounts.
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News 19-11-2019
Kennedys recognised by peers in The Times’ Best Law Firms 2020
We are very pleased to announce that we have been recognised as one of the ‘Best Law Firms’ in England and Wales for insurance in The Times’ Best Law Firms 2020.
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Article 12-11-2019
Delayed transfers of care: navigating through disagreement over a patient’s discharge from hospital
The overwhelming majority of patients wish to leave hospital as soon as they are medically fit and well. When a patient, or their family on their behalf, refuses to accept a discharge plan or transfer to other care arrangements however, the issue of delayed transfers of care can be a contentious one.
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News 16-10-2019
Kennedys maintains success and climbs up Chambers UK rankings
Upon being ranked as a ‘top-tier firm’ in nine practice areas from The Legal 500 UK 2020, we are delighted to announce that this was replicated in the release of Chambers’ UK 2020 directory.
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Article 23-09-2019
Caring for the people that care
Our fourth annual patient safety forum provided the opportunity to discuss and explore what it means to build a just culture for patients and staff.