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.
28 April 2016
Case Update: Brain injured man awarded full damages from Trust whose delay in his emergency treatment materially contributed to his pre-existing injury
Dr Sido John v Central Manchester and Manchester Children's University Hospitals NHS Foundation Trust [2016] EWHC 407 (QB)
25 April 2016
Child’s birth injury judgement highlights poor standards of medical record keeping
The recent decision of Mrs Justice McGowan in the case of FE (represented by his Litigation Friend PE) v. St Georges University Hospitals NHS Trust demonstrates the dangers run by Defendants in defending claims where the medical records and recording of notes is extremely poor.
