BLM Policy Blog » Clinical Negligence
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BLM Policy blog is your source for the latest news, resource and insight from BLM's Policy and Government Affairs team. Read posts about Clinical Negligence written by BLM. BLM is an insurance risk and commercial law firm with a domestic and international focus.
BLM Policy Blog » Clinical Negligence
1y ago
Today and tomorrow the Supreme Court will examine this question in the context of alleged clinical negligence in Germany dating back to 2000. The hearing is the final determination of the point and follows the Court of Appeal’s July 2020 decision in this case, which was the subject of a blog at the time (linked ..read more
BLM Policy Blog » Clinical Negligence
1y ago
Yesterday the Court of Appeal dismissed appeals in three joined cases concerning medical negligence and secondary psychiatric harm. The novel point involved was the separation in time between the alleged negligent act or omission and the secondary victims’ perception of harm caused to the primary victim to whom they had a close tie of love ..read more
BLM Policy Blog » Clinical Negligence
1y ago
In a brief blog in June we noted that two secondary victim claims, both clinical negligence cases, will be considered together by the Court of Appeal in December. We now know that a third clinical case is also involved, again in the context of an allegedly negligent diagnosis followed by a family member witnessing the ..read more
BLM Policy Blog » Clinical Negligence
1y ago
Back in February, we blogged about two clinical negligence claims, Paul and Polmear, which are subject to appeals. At the time we raised the possibility of the Court of Appeal hearing them together given that they involve essentially the same points of law. Although the appeal hearing in Paul had initially been listed in November ..read more
BLM Policy Blog » Clinical Negligence
1y ago
We have previously written about the UK government’s plan to set up designated settings for persons leaving hospital who require a care home but have a diagnosis of COVID-19. This was originally outlined in the Adult Social Care Winter plan released in November, and each local authority was required to put in place plans to ..read more
BLM Policy Blog » Clinical Negligence
1y ago
The highest court will once again consider the basis and application of the doctrine that no recovery should flow from illegal acts (often cited in Latin as the ex turpi causa rule), something which has been before the Supreme Court on several occasions in recent years in very different factual settings. The latest case involves ..read more
BLM Policy Blog » Clinical Negligence
1y ago
Vicki Swanton’s recent blog towards the end of January took a broad look at a range of factors at work in influencing the increasing cost of clinical negligence claims and outlined some of the initiatives underway to address this. Further data on the rising burden of clinical negligence in England emerged earlier this week in ..read more
BLM Policy Blog » Clinical Negligence
1y ago
The orthodox answer to this question is no, on the basis that it is the peculiarities of the facts which give rise to the outcome, rather than any new legal approach. In two decisions this week in the tort of negligence, the clinical claim Darnley in the Supreme Court and the vicarious liability claim Bellman ..read more
BLM Policy Blog » Clinical Negligence
1y ago
On Monday 30 January the Department of Health published its long-awaited consultation paper on introducing fixed recoverable costs for clinical negligence claims. These would be mandatory for all clinical negligence claims (i.e. applying to claims arising in the health service as well as in other/private treatment settings) valued between £1,000 and £25,000 and the consultation ..read more
BLM Policy Blog » Clinical Negligence
1y ago
The Privy Council (25 January 2016) handed down the judgment in Williams v The Bermuda Hospitals Board [2016] UKPC 4. It had been hoped that the Supreme Court, in its guise as the Judicial Committee of the Privy Council (JCPC), might take the opportunity to revisit the existing law on material contribution and causation, which ..read more