Healthcare and Court of Protection

Selected Cases

  • Lesforis v Tolias (2019) (CA): Whether surgeon liable to his patient for administering medicine to her a few hours after surgery. Claim, and subsequent appeal, dismissed.
  • JRM v King’s College Hospital NHS Foundation Trust (2019): £5m settlement of birth injury claim.
  • Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, CA: Whether mentally disordered patient unlawfully detained entitled to more than nominal damages where he would have been otherwise lawfully detained.
  • Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74, [2009] 2WLR 115, HL: Whether mental hospital under Convention duty to prevent suicide of compulsorily detained mental patient who absconds and commits suicide.
  • R (Axon) v Secretary of State for Health [2006] 2 WLR 1130: Whether parents entitled to be notified that their child is seeking medical advice and treatment, including abortion.
  • R(H) v Secretary of State for the Home Department [2004] 2 AC 253, HL: Power of the MHRT to review its decision to discharge.
  • R(N) v Dr M [2003] 1 WLR 562, CA: The test for the giving of treatment without consent to a patient detained under the Mental Health Act 1983.
  • Miss B v a NHS Hospital Trust [2002] 1 FLR 1090 Butler-Sloss P: Withdrawal of artificial ventilation; right to die with dignity.
  • A Health Authority v X [2002] 2 All ER 780, CA: Disclosure of confidential patient information by GPs to local health authority.
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