Category Clinical Negligence

DAMAGES FOR SURROGACY COSTS ARE RECOVERABLE: A HIGH COURT DECISION

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs. “It cannot be properly argued that the claim for surrogacy costs should be diminished or rejected because the Claimant will have substantial other funds by way of damages. The other heads of damage […]

DUTY OF CARE OWNED BY JUNIOR DOCTORS: IMPORTANT COURT OF APPEAL DECISION

In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors. “The conduct of Dr Rushd in the present case must be judged by the standard of a reasonably competent SHO in an accident […]

FOUR TALKS ON IMPORTANT AND PRACTICAL ASPECTS OF LAW AND MEDICINE

Zenith PI Group has a series of lectures covering key areas of law and medicine. Cancer, Causation and the Courts. Anything & Everything you wanted to know about A&E but were afraid to ask. Going Under- Anaesthesia and the Law. Constitutional changes in the spine and the impact on damages. All of these courses can […]

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

The importance of an independent expert

 By Sabrina Hartshorn Watts v The Secretary of State for Health [2016] EWHC 2835 (QB) Where an expert loses sight of her duty to provide independent assistance to the court by way of objective unbiased opinion in relation to matters within her expertise. A copy of the judgment can be found at: http://www.bailii.org/ew/cases/EWHC/QB/2016/2835.html Key points […]

FATAL ACCIDENT CLAIMS: A DEPENDANT’S LOSS OF EARNINGS CANNOT BE CLAIMED

In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant. KEY POINTS A widow could not advance her claim for loss of her own earnings following her husband’s death. The […]

The Cost of Litigation to the NHS

 By Helen Rutherford The NHS Litigation Authority has revealed that in 2015-2016 legal cases against the NHS have cost £1.5 billion (including the damages, Claimant and Defendant costs). £418 million was paid to the Claimants’ solicitors; this is a 43% increase on the previous year. Damages increased by 23% to £950.4million paid out. The number […]