Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
15 June 2016
Delay of reckoning
The material contribution test for causation in clinical negligence has been maintained and clarified following Williams and John.
14 June 2016
Patient Safety: Do we have a culture of openness or secrecy when it comes to patient safety?
The government and the health service need to make this clear if future costly litigation is to be reduced.
6 June 2016
Bereaved and belittled: an unmarried woman’s fight for bereavement damages
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:
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interferes with her right to a private life (Article 8 of the European Convention on Human rights (ECHR)); and
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discriminates against her due to her marital status (or lack thereof) (Article 14 ECHR).
6 June 2016
From Prisons to Petrol Stations - The Changing Landscape of Vicarious Liability
Following two recent Supreme Court decisions, the principle that employers can be held responsible for the wrongful acts of their employees is expanding. This affects a number of personal injury claims as it is now clearer than ever that the doctrine of vicarious liability is not confined to cases where there is a contract of employment between an employer and employee.
23 May 2016
Learning from patient deaths and safety incidents
The Care Quality Commission (CQC) has recently issued a warning notice to Southern Health NHS Foundation Trust requiring further improvements to its services, in order to protect patients at risk of harm and improve opportunities to learn from safety incidents.