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Clinical Negligence, Law & Ethics

a blog by Lauren Sutherland QC

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Thomas Bradfield-Kay v Marcus CopeThomas Bradfield-Kay v Marcus Cope

June 29, 2020June 29, 2020 laurenadvlaurenadv 0 Comments


[2020] EHWC 1351 (QB). HHJ Sephton QC sitting as a judge in the High Court This is the first in a two part post on this case. This post provides

When Experts Go WrongWhen Experts Go Wrong

June 22, 2020June 22, 2020 laurenadvlaurenadv 0 Comments


The Power Of The Expert Witness To Do Great Harm – The Case Of Sally Clark The Expert Witness The general rule of law is that opinions, beliefs and inferences

The quality of evidence of ‘normal practice’ in information disclosure cases post MontgomeryThe quality of evidence of ‘normal practice’ in information disclosure cases post Montgomery

June 9, 2020June 9, 2020 laurenadvlaurenadv 0 Comments


Introduction It is the duty of the court in any case to assess the evidence of witnesses and make an assessment on whether that evidence is reliable and/or credible and

NKX (By his mother and litigation friend NMK) V Barts Health NHS TrustNKX (By his mother and litigation friend NMK) V Barts Health NHS Trust

June 4, 2020June 4, 2020 laurenadvlaurenadv 0 Comments


[2020] EWHC 828 (QB) Deputy High Court Judge Simeon Maskrey QC Introduction This case considered the issue of vaginal birth after a previous caesarean section (VBAC). The case was heard

Sidaway – the UK law pre-MontgomerySidaway – the UK law pre-Montgomery

May 27, 2020May 27, 2020 laurenadvlaurenadv 0 Comments


A series of posts on patient consent – (3) [<< Previous] Introduction In 2004 in Chester v Afshar [1] Lord Hope said “…the function of the law is to protect

Jennifer McCulloch and Others v Forth Valley Health BoardJennifer McCulloch and Others v Forth Valley Health Board

May 15, 2020May 15, 2020 laurenadvlaurenadv 0 Comments


[2020] CSOH 40 Lord Tyre Introduction This was a medical negligence action brought on behalf of the relatives of Mr Neil McCulloch who died on 07/04/2012 aged 39. It was

Canterbury v Spence – the birth of “informed consent”Canterbury v Spence – the birth of “informed consent”

May 7, 2020May 7, 2020 laurenadvlaurenadv 0 Comments


A series of posts on patient consent – (2) [ << Previous ] [Next >>] The Schloendorff Case In 1914, in the case of Schloendorff v Society of New York

We Need To Talk About BolamWe Need To Talk About Bolam

May 3, 2020May 3, 2020 laurenadvlaurenadv 0 Comments


The first in a series of posts – (1) [ Next >> ] Introduction The UK is unique in the way it has approached, and continues to approach the issue

Montgomery-Whose Choice is it anyway?Montgomery-Whose Choice is it anyway?

April 26, 2020April 26, 2020 laurenadvlaurenadv 4 Comments


“Autonomy, in the liberal tradition, is generally understood as self-determination: the freedom to pursue one’s conception of the good life, just as long as it does not impinge upon another’s

Welcome to my blogWelcome to my blog

April 24, 2020April 24, 2020 laurenadvlaurenadv 19 Comments


Thanks for visiting my blog. The intention behind this blog is to provide my comment on legal cases in the area of clinical negligence and patient consent. I want to

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Recent Posts

  • Exercise of the discretion of the court August 16, 2021
  • Toombes v Mitchell: Wrongful life in the context of the Congenital Disabilities (Civil Liability) Act 1976 May 12, 2021
  • Victims of Transvaginal Mesh February 21, 2021
  • Refusal of life sustaining treatment-whose choice is it anyway? February 19, 2021
  • Product Liability Limitation February 12, 2021

Recent Comments

  • Dr / Mr. Turab Syed, Consultant Trauma & Orthopaedic Surgeon and Expert Witness, Scotland and England on Contributory Negligence in Clinical Negligence
  • John MILLER JR on Contributory Negligence in Clinical Negligence
  • Emma Heron on Nadine and Sam’s story
  • Emma Heron on Nadine and Sam’s story
  • Dr John Miller on Nadine and Sam’s story

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