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| 19 June 2009 | Visit Kennedy's online » |
Medical Law Brief - June 2009Case LawEA (1) AA (2) v King's Lynn & Wisbech Hospitals NHS Trust [2007] LTLPI 18.05.09Wrongful birth claim. Defendant Trust had a policy of offering screening for Down's syndrome to all pregnant women by way of blood test ("the triple test"). The First Claimant fell pregnant with twins and was advised the triple test was not appropriate for a multiple pregnancy. No detailed discussions undertaken for alternative methods of establishing risk of congenital abnormalities. Subsequent scans did not reveal any abnormalities and C delivered twin daughters without any apparent difficulties. Babies were diagnosed with Down's syndrome shortly following their birth. Claimants alleged Trust was negligent in failing to inform them of alternative screening options - private or NHS. They said had they received confirmation of the diagnosis, the pregnancy would have been terminated. Liability compromised 70/30 in favour of Claimants. Twins displayed very challenging behaviour due to severe Down's syndrome and required significant levels of care. It was unlikely they would be able to live by themselves. Their life expectancy was anticipated to be to 60 years but they were likely to develop Down's syndrome dementia. Court approved settlement £1,500,000 (General Damages £25,000). Kennedys acted on behalf of the Defendant in this matter. Christyne Norman v Peterborough and Stamford Hospitals NHS Trust (unreported)Kennedys successfully defended this claim concerning allegations of a negligent delay in diagnosis of breast cancer at trial. Claimant solicitors were retained under a Conditional Fee Agreement backed by ATE insurance and accordingly costs were recoverable. A Bill of Costs was served but Claimant solicitors failed to serve Points of Dispute and Trust applied for a Default Cost Certificate, which was issued and served on the same day. Claimant solicitors subsequently served Points of Dispute and made Application to set aside Default Cost Certificate on the grounds that: 1 Bill of Costs was overlooked due to Claimant solicitor's involvement in another trial; and 2 At Detailed Assessment hearing the Bill of Costs was likely to be reduced. Claimant's Application dismissed by Master Rogers sitting at the Supreme Court Costs Office accepting Claimant had identified no "good reason" (as required under CPR PD 47.11 Section 38.2(3)) to set aside the certificate. He commented that Kennedys' Bill of Costs was reasonable and the majority of the Claimant's Points of Dispute were unlikely to be upheld at Detailed Assessment. The decision highlights the merits of prompt service of a Default Costs Certificate in the absence of receipt of Points of Dispute and the importance of ensuring Points of Dispute are served in time to avoid "indemnity" costs. Kennedys acted on behalf of the Defendant in this matter. C (1) P (2) v Nottingham City Hospital NHS Trust [2008] LTLPI 21.05.09
C had previously suffered uterine rupture in her second pregnancy and a low threshold for Caesarean section was formulated for this pregnancy. C was admitted at 29+5 weeks suffering from abdominal pain but there was a delay in proceeding to Caesarean section pending confirmatory ultrasound of uterine rupture. Subsequent crash Caesarean section delivered a baby in poor condition who failed to respond to resuscitation. Claimants alleged negligence in failing to recognise urgency upon admission and proceed to emergency Caesarean section which would have resulted in the baby surviving. Liability admitted. Out of court settlement: £82,500 (estimated General Damages £30,000 for each Claimant). F v University Hospitals Birmingham NHS Foundation Trust [2008] LTLPI 08.05.09Claimant was being rehabilitated in Defendant Trust's Hospital following hemiarthoplasty to neck of her left femur following a fall. She suffered a further fall at hospital whilst being mobilised by nurses resulting in a further fracture to her femur. Claimant alleged fall was due to being nursed in a cluttered room. Defendant Trust admitted breach but causation disputed. Claimant submitted the second fall caused shortening of the leg by 2cm, diminished function and instability of the left hip. Defendant's expert confirmed these symptoms would have occurred in any event due to the original injury and surgery required for this. Out of court settlement £50,000 (estimated General Damages £20,000). Mrs H (1) Mr H (2) v Frimley Park Hospital NHS Trust [2008] LTLPI 01.05.09Claimants suffered psychological injury and grief following stillbirth of their son. Mother and her husband (as secondary victim) alleged there was a negligent failure to correctly interpret suspicious tracing on CTG and inappropriate administration of Syntocinon. Claimants submitted correct interpretation of CTG would have resulted in obstetric review and expedited delivery. Out of court settlement: £23,000 (estimated General Damages: for primary victim £15,000, for secondary victim £4,000). C (by her mother and Litigation Friend M) v Portsmouth Hospitals NHS Trust [2008] LTLPI 05.05.09Shortly after birth, Claimant was examined by a midwife in presence of her grandmother who alleged that as midwife had pushed Claimant's knees into chest a small lump appeared on the hip. Neonatal record stated "Rt. Clunky hip". Fourteen months later, paediatrician noticed Claimant walking with severe limp and left leg was shorter than right. X-ray revealed developmental dysplasia. Claimant required arthrogram and was put in traction for one week, later undergoing closed reduction. She remained in plaster cast for 12 weeks but made a good recovery. Claimant alleged midwife had been negligent in failing to refer her urgently to an orthopaedic surgeon or paediatrician, failing to make a full report upon examination or report symptoms to her GP. Claimant argued that but for the delay in diagnosis she would have been treated with neonatal harness and avoided the need for surgical treatment. Out of court settlement: £10,000 (General Damages £8,000). Legislation / Statute / Regulation From 16 November 2009 all doctors will require licence to practice medicine
The full press release can be found at: http://www.gmcpressoffice.org.uk/apps/news/latest/detail.php?key=538 Medical Treatment/NHS: Proposals to consider no fault compensation in Scotland
Scottish Government 01.06.09 Consultation: Guidance about compliance with Health and Social Care Act 2008 (Registration Requirements) Regulations 2009
Care Quality Commission 01.06.09 Department for Work and Pensions Consultation: Reforming the Medical Statement
Department for Work and Pensions
28.05.09 News and Press Government responds to Archer InquiryThe Government has responded to the independent inquiry conducted by Lord Archer into contaminated NHS blood supplies in the 1970s and 1980s, and his subsequent report published in February 2009. Public Health Minister Dawn Primarolo set out the Government response in a written statement, to include:
Tough measures are already in place to prevent similar events happening in the future. Department of Health 20.05.09 Alternative therapy for back pain on the NHSNICE has for the first time, endorsed the use of alternative therapies on the NHS, publishing guidance recommending that GPs offer patients treatments including osteopathy, chiropracty and acupuncture. Daily Telegraph 25.05.09 Nurses get guidance on discussing assisted deathThe Royal College of Nursing (RCN) will consult its members about reconsidering its stance on assisted suicide in light of calls to change the law. As assisted suicide remains illegal in the UK, many nurses are being asked by terminally ill patients about travelling abroad to end their lives. The RCN will therefore issue guidance, as current guidelines do not cover these issues. Times 14.05.09 Cut in doctors' hours may hit tuitionThe Government will review the planned reduction to 48 hours in a doctors' working week further to concerns that the change will lead to poorer training and medical care. The European Working Time Directive becomes fully operational on 1st August 2009. Times 22.05.09
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