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Anti-Bullying Week: Understanding the Legal and Cultural Risks
Emmanuelle Ries
In a long overdue but very welcome development for patients of cosmetic surgery, the government is finally taking steps to tighten regulation surrounding cosmetic surgeons.
The material contribution test for causation in clinical negligence has been maintained and clarified following Williams and John.
Background
John Bulloch died when the doctors treating him failed to identify an infection which eventually spread to his brain. He was survived by his partner, Jakki Smith, with whom he had shared 16 years of his life. Following his death, Jakki discovered that she was ineligible for the statutory bereavement award/bereavement damages on the basis that she and John had not been married. She is now bringing a challenge against the government on the grounds that this rule:
interferes with her right to a private life (Article 8 of the European Convention on Human rights (ECHR)); and
discriminates against her due to her marital status (or lack thereof) (Article 14 ECHR).
Dr Sido John v Central Manchester and Manchester Children's University Hospitals NHS Foundation Trust [2016] EWHC 407 (QB)
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