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Meningitis claims present very considerable challenges to clinical negligence lawyers. Julian Matthews looks at a recent decision which illustrates the difficulties, and the importance of clear evidence and analysis ‘If a doctor was faced with a patient where meningitis was strongly suspected that medical practitioner would be negligent in not administering penicillin and immediately referring …
Continue reading "Clinical Negligence: My head hurts"
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Limitation; calibrating pre-knowledge prejudice ‘Although there might be little argument with the result of the appeal itself, in this writer’s respectful opinion there are difficulties with this judgment.’ The time limit for bringing a claim for personal injury is three years from when the cause of action accrues (s11 Limitation Act 1980) or, if later, …
Continue reading "Case Report: Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717"
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Stephanie Prior sets out the state of child service and child safety law ‘The government intends to change the approach by local authorities to ensure that they prioritise child protection, and they have “sharpened” Ofsted inspections and more information is available on how well councils are looking after children.’ Recent articles in the press have …
Continue reading "Children Act: Personal injury claims for child neglect – are they likely to increase?"
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Satinder Hunjan discusses what new technology and recent legal changes mean for claims ‘The fundamental point is that of the patient’s own choice with their own advice from their treating clinician. It is not a matter for any medico-legal expert directly.’In recent times, there has been a sea change in the approach to the quantification …
Continue reading "Damages: Quantum in amputation cases"
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Ruwena Khan assesses the outcome of Cutting v Islam ‘The evidence of the defendant’s colorectal surgery expert was preferred by Patterson J who found that any prolongation of life would have been unlikely to have been of significant order and would have been no more than four months’ A general practitioner who had not fully …
Continue reading "Clinical Negligence: Reducing the patient’s life by four months"
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Peter Scott advises how to keep one step ahead of your competitors ‘A successful strategic plan will not only need to be realistic and have achievable objectives but crucially, will depend on having the available resources to make it happen.’Competition has been said to be ‘a process by which services that people are not prepared …
Continue reading "Legal Reform: Market position"
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In the first of a two-part article, Richard Partridge provides guidance to those representing interested parties ‘Failures within a hospital are usually multifactorial and can only be adequately interpreted by an expert in such a field and environment and after all the evidence is called and properly examined.’ This article is aimed at providing basic, …
Continue reading "Inquests: Preparation, advocacy and PFDs"
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Nicholas Lee offers valuable first-hand insight into costs management ‘The first test to be applied is whether the litigation can be conducted justly and at a proportionate cost without a costs management order. If the answer is yes, the judge can elect not to make a costs management order.’ By now many readers will have …
Continue reading "Civil Procedure: At who’s expense?"
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Paul Jones highlights a costs case that shows the changing role of modern information technology in law ‘Is it really appropriate in modern litigation for electronic service of documents to be the exception rather than the norm as the current rules seem to provide?’ Modern technology and the law do not often sit comfortably beside …
Continue reading "Costs: Service by e-mail"
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Tim Hirst considers the potential pitfalls of trying to prevent a limitation defence ‘If an agreement not to plead the statute is not adhered to by the defendant, that gives a claimant a second cause of action; that is to say to sue for the breach of that agreement.’ Perhaps as a result of the …
Continue reading "Standstill Agreements: Can the Limitation Act really be suspended?"
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