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Article 08/01/2020
Kennedys collaborate with NHS Resolution to produce the video “Alan’s Story”
We are delighted Kennedys worked with NHS Resolution to produce the video "Alan's Story". The video highlights the importance of "saying sorry" to a patient at the time the incident occurs.
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Article 19/12/2019
The Queen’s Speech: the Medicines and Medical Devices Bill
Boris Johnson’s first Queen’s Speech delivered on Monday 14 October 2019 - dominated by Brexit-related legislation - included the Medicines and Medical Devices Bill (the Bill).
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Article 09/12/2019
Emerging risks in healthcare innovation
Our product liability and life sciences team recently hosted their fifth life sciences conference which focused on emerging risks in innovative healthcare technology.
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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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Case review 20/11/2019
Medical treatment decisions: the best interests of young children
High Court decision relating to medical decisions and a child’s best interests.