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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, Professional Negligence: The Bwllfa principle was not relevant to the after date evidence that had been provided to the court and the case was remitted back to the lower courts to determine the value of the loss of opportunity. [54] Royal Mail Group Ltd v Jhuti [2019] UKSC 55: 27 November Labour law, Employment Rights Act 1996 ...
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
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.
Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided. The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange.
Maynard v West Midlands Regional Health Authority [1] is an English tort law case concerning the Bolam test for professional negligence. [2]The patient presented with symptoms of tuberculosis but both the consultant physician and the consultant surgeon took the view that Hodgkin's disease, carcinoma, and sarcoidosis were also possibilities, the first of which if present would have required ...
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 ...
Hotson v East Berkshire Area Health Authority [1987] 2 All ER 909 is an English tort law case, about the nature of causation. [1] It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done.
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