Chester v Afshar [2004] UKHL 41 – Law Journals

Case report: Khan v MNX [2018] EWCA Civ 2609

Informed consent; clinical negligence; the SAAMCO principle ‘In the event, the Court of Appeal in Khan distinguished Chester on the facts in order to apply the SAAMCO principles to the duty to give informed consent.’ Khan v MNX [2018] is an important decision clarifying that the SAAMCO principle, that losses are only recoverable if they …

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Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …

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Case Report: Shaw v Kovac & anor [2017] EWCA Civ 1028

Measure of damages for wrongful invasion of personal autonomy; compensation; cause of action; recusal; alleged bias ‘The claimant argued that there is emphasis on the right of the patient not to be subject to treatment “interfering with [their] bodily integrity” without their informed consent and emphasis on the proposition that due protection should be given …

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Patient Autonomy: Montgomery in action

Julian Matthews looks at recent case law on the issue of consent to medical treatment including the recent Court of Appeal decision of Webster ‘The judge had expressly found that there was an expectation that the consultant should have informed himself about the unusual combination of features and the potential risks arising from them.’Legal and …

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Clinical Negligence: What does a clinician have to tell the patient?

Julian Matthews looks at the case law and some recent illustrations ‘The touchstone for liability in clinical negligence claims remains the Bolam test, and Chester and Birch do not warrant a wholly different approach in cases concerning advice.’ The standard of care the law requires of a doctor has become well established using the terms …

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Breach of duty and causation: Where are we now?

Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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