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The Supreme Court departed and overruled the earlier House of Lords case in Sidaway v Board of Governors of the Bethlem Royal Hospital, in reconsidering the duty of care of a doctor towards a patient on medical treatment. The case changed the Bolam test to a greater test in medical negligence by introducing the general duty to attempt the ...
Tort Law, medical negligence: Damages payable by Whittington Hospital NHS Trust to a woman who could not bear children following earlier medical negligence could include the costs of surrogacy through commercial agreements abroad. [15] Zipvit Ltd v Commissioners for Her Majesty's Revenue and Customs [2020] UKSC 15: 1 April Tax Law, Value Added Tax
In considering whether professional negligence was the cause of a loss where the negligence consisted of a potential lost litigation opportunity it was necessary to consider, on the balance of the probabilities, where such litigation would have been undertaken if non-negligently advised and whether such litigation would have been successful. [4 ...
Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm incurred.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
To decide what risks the existence of which a patient should be voluntarily warned and the terms in which such warning, if any, should be given, having regard to the effect that the warning may have, is as much an exercise of professional skill and judgment as any other part of the doctor’s comprehensive duty of care to the individual patient ...
The claimant brought two simultaneous claims in negligence. The first, which was quickly dismissed, against her doctor, and the second, much more significant case against the London Ambulance Service after an ambulance, ordered by the doctor through a 999 call, took forty minutes to arrive at her house, where she was suffering a severe asthma attack, resulting in the claimant suffering ...
Negligence McFarlane v Tayside Health Board [2000] 2 AC 59 [ 1 ] is a leading House of Lords decision concerning wrongful birth in the English law of negligence , though the case was Scottish . The specific ratio decidendi of the decision is debated, but the judgments provide guidance and authoritative discussion used in later cases.
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