Welcome to the third issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row.
This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.
Download the Autumn 2019 newsletter here: 1COR QMLR Autumn 2019 Issue 3
Read the individual articles on the QMLR Archive website here.
In our third issue of QMLR:
Robert Kellar QC discusses two new GMC cases on the right to silence and adverse inferences – Kuzmin v GMC and Sanusi v GMC.
Shaheen Rahman QC covers a new decision on injunctions in a regulatory context – Smo v Hywel Dda University Health Board, as well as a decision on liability in a ‘wrongful birth’ claim – Mordel v Royal Berkshire NHS Foundation Trust.
Dominic Ruck Keene considers a recent judgment on expert evidence and material contribution – Arksey v Cambridge University Hospitals NHS Foundation Trust. He also looks at a recent case on inquests relating to causation – R (Chidlow) v HM Senior Coroner for Blackpool and Fylde.
Jeremy Hyam QC considers an important judgment on the reliability of medical records compared to witness statements and oral testimony – CXB v North West Anglia NHS Foundation Trust.
Rajkiran Barhey considers two decisions relating to the standard of care (Andrews v Greater Glasgow Health Board and Jones v Taunton and Somerset NHS Foundation Trust, as well as a helpful clarification on when relief from sanctions applications are needed (Kember v (1) Croydon Health Services NHS Trust (2) King’s College Hospital NHS Foundation Trust) and an interesting decision on causation (Marshall v Schembri) and on secondary victims – Paul v The Royal Wolverhampton NHS Trust.
Gideon Barth considers a helpful recent decision by Garnham J on expert evidence – ZZZ v Yeovil District Hospital NHS Foundation Trust.
Charlotte Gilmartin analyses the recent high profile decision on the legal definition of ‘mother’ and whether a transgender man who was also the gestational parent can be recorded as his child’s father – TT, R (on the application of) v The Registrar General for England and Wales.
Suzanne Lambert analyses an appeal against erasure by a GP with multiple convictions – Nkomo v General Medical Council.
Alice Irving explains the high-profile and important decision relating to EU law, withdrawal of medical treatment and the best interests of a child in Tafida Raqeeb (By Her Litigation Friend XX) v Barts NHS Foundation Trust.
Finally, see our In Brief section. Previous newsletters can be found on our website here. If you would like to provide any feedback or further comment, do not hesitate to contact the editorial team at firstname.lastname@example.org.
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