Category: Health Professions

Richmond Pharmacology Ltd, Regina (on The Application of) v The Health Research Authority: Admn 28 Jul 2015

Richmond Pharmacology Ltd challenged certain public statements by the Health Research Authority in relation to the latter’s characterisation of the duties of those sponsoring and carrying out clinical trials: specifically, the Claimant contends that the Defendant is wrongly asserting that those in its position are under legal duties to register their trials on publicly available websites and to publish data about the outcome of such trials.

Judges:

Jay J

Citations:

[2015] EWHC 2238 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 26 July 2022; Ref: scu.550652

F v West Berkshire Health Authority: CA 3 Feb 1989

An application was made for a declaration that a proposed sterilisation of an adult woman who could not give consent would be lawful.
Held: It would not.
Lord Donaldson of Lymington MR: ‘Just as the law and the courts rightly pay great, but not decisive, regard to accepted professional wisdom in relation to the duty of care in the law of medical negligence (the Bolam test), so they equally would have regard to such wisdom in relation to decisions whether or not and how to treat incompetent patients in the context of the law of trespass to the person. However, both the medical profession and the courts have to keep the special status of such a patient in the forefront of their minds. The ability of the ordinary adult patient to exercise a free choice in deciding whether to accept or to refuse medical treatment and to choose between treatments is not to be dismissed as desirable but inessential. It is a crucial factor in relation to all medical treatment. If it is necessarily absent, whether temporarily in an emergency situation or permanently in a case of mental disability, other things being equal there must be greater caution in deciding whether to treat and, if so, how to treat, although I do not agree that this extends to limiting doctors to treatment upon the necessity for which there are ‘no two views’ (per Wood J. in T. v. T. [1988] Fam. 52, 62). There will always or usually be a minority view and this approach, if strictly applied, would often rule out all treatment. On the otherhand, the existence of a significant minority view would constitute a serious contra-indication.’
Neill LJ: ‘I have therefore come to the conclusion that, if the operation is necessary and the proper safeguards are observed, the performance of a serious operation, including an operation for sterilisation, on a person who by reason of a lack of mental capacity is unable to give his or her consent is not a trespass to the person or otherwise unlawful.
It therefore becomes necessary to consider what is meant by ‘a necessary operation.’ In seeking to define the circumstances in which an operation can properly be carried out Scott Baker J. said this: ‘I do not think they are liable in battery where they are acting in good faith and reasonably in the best interests of their patients. I doubt whether the test is very different from that for negligence.
With respect, I do not consider that this test is sufficiently stringent. A doctor may defeat a claim in negligence if he establishes that he acted in accordance with a practice accepted at the time as proper by a responsible body of medical opinion skilled in the particular form of treatment in question. This is the test laid down in Bolam v. Friern Hospital Management Committee [1957] 1 W.L.R. 582. But to say that it is not negligent to carry out a particular form of treatment does not mean that that treatment is necessary. I would define necessary in this context as that which the general body of medical opinion in the particular specialty would consider to be in the best interests of the patient in order to maintain the health and to secure the well-being of the patient. One cannot expect unanimity but it should be possible to say of an operation which is necessary in the relevant sense that it would be unreasonable in the opinion of most experts in the field not to make the operation available to the patient. One must consider the alternatives to an operation and the dangers or disadvantages to which the patient may be exposed if no action is taken. The question becomes: What action does the patient’s health and welfare require?’

Judges:

Lord Donaldson of Lymington MR, Neill L.J, Butler-Sloss L.J

Citations:

Unreported 3 Feb 1989

Jurisdiction:

England and Wales

Cited by:

Appeal from – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Health Professions

Updated: 26 July 2022; Ref: scu.250057

Attorney-General’s Reference (No 2 of 2003): 1 Apr 2004

The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully.
Held: The Act made a clear distinction between the person responsible for keeping the embryos and the license holder. The licence holder might be subject to disciplinary procedures within the licence system, but he had not been the person responsible within the Act in this case.

Judges:

Judge LJ, Elias, Stanley Burnton JJ

Citations:

Unreported, 1 April 2004

Statutes:

Human Fertilisation and Embryology Act 1990

Jurisdiction:

England and Wales

Health Professions, Crime

Updated: 26 July 2022; Ref: scu.196067

A Menarini and Others v Ministero della Salute C-400/07: ECJ 2 Apr 2009

ECJ Social Policy – Directive 89/105/EEC – Transparency of measures regulating the prices of medicinal products for human use – Article 4 Price freeze – Price reduction

Citations:

[2009] EUECJ C-400/07

Links:

Bailii

Statutes:

Directive 89/105/EEC 4

Jurisdiction:

England and Wales

Health Professions, Commercial

Updated: 24 July 2022; Ref: scu.342015

Lie v Mohile: ChD 11 Nov 2014

The parties had been in partnership as doctors in general practice. The respondent challenged an order made without notice restraining actions which might inhibit the claimant operating his practice. An order dissolving the partnership had already been made.
Held: In the case of a partnership an order for dissolution is the beginning of the end, not the end itself. However, it is in my judgment clear from the terms of the order made on 3 March 2014, extending the injunction, that it was to expire on the making of the order at the trial of the dissolution proceedings. The partnership business was not terminated by the order for dissolution, but continues, albeit for the purpose of winding up the partnership. In practice, a partnership business is often continued after dissolution for the purpose of preserving its goodwill and thus maximising the prospects of a sale. Even without the appeal, and the continued injunction, the licence to attend at the premises continued. It was however appropriate to continue the order.

Judges:

David Richards J

Citations:

[2014] EWHC 3709 (Ch)

Links:

Bailii

Statutes:

Partnership Act 1890 35

Jurisdiction:

England and Wales

Citing:

Cited – Harrison-Broadley v Smith CA 1964
The court has an inherent power to make declarations even though they have not been claimed in the proceedings. In order to give effect to a partnership, the partner who owns the premises on which the partnership business is carried on is taken to . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Company

Updated: 24 July 2022; Ref: scu.538684

Cohen v General Medical Council: Admn 19 Mar 2008

The appellant consultant anaesthetist appealed against the decision of the respondent’s Fitness to Practice Panel to impose conditions on his registration.
Held: The appeal succeeded: ‘Any approach to the issue of whether a doctor’s fitness to practice should be regarded as ‘impaired’ must take account of ‘the need to protect the individual patient, and the collective need to maintain confidence profession as well as declaring and upholding proper standards of conduct and behaviour of the public in their doctors and that public interest includes amongst other things the protection of patients, maintenance of public confidence in the’. In my view, at stage 2 when fitness to practice is being considered, the task of the Panel is to take account of the misconduct of the practitioner and then to consider it in the light of all the other relevant factors known to them in answering whether by reason of the doctor’s misconduct, his or her fitness to practice has been impaired. It must not be forgotten that a finding in respect of fitness to practice determines whether sanctions can be imposed: section 35D of the Act. ‘ In this case the panel had not properly considered wheher the fault found was easily remediable.

Judges:

Silber J

Citations:

[2008] EWHC 581 (Admin), [2008] LS Law Medical 246

Links:

Bailii

Statutes:

Medical Act 1983 35D(2), The General Medical Council (Fitness to Practice) Rules Order of Council 2004 17

Jurisdiction:

England and Wales

Cited by:

Cited – Harford v The Nursing and Midwifery Council Admn 10-Apr-2013
The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months.
Held: The Panel had applied the correct test. . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 24 July 2022; Ref: scu.266232

Dr Ramachandran Subramanian v The General Medical Council: PC 5 Dec 2002

PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At the hearing before the Committee he became aware of newspaper reports of a previous finding against him of serious professional misconduct in 1987, which had led to him being admonished. One member of the Committee had read the article, and mentioned it to others. The GMC Press Office had contributed to the disclosure by wrongly informing the newspaper that it was safe for them to refer to the previous appearance. The hearing had continued, resulting in a finding of serious professional misconduct. The Committee had been advised by the legal assessor that the previous finding had nothing to do with the present charges and should exercise no influence on their decision. It was said that the proceedings should have been stayed on the basis of the apparent bias.
Held: The Board referred to the special systems established for regulating doctors’ professional conduct. The GMC had no legal power to prevent publication of information in the public domain. He said that there was no dispute as to the test of ‘apparent bias’ which was whether the circumstances ‘would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased.’ Such an observer would be assumed to have knowledge of the GMC’s ‘long and well-established system with statutory backing, operated by those selected and elected to the task, and supported by a comprehensive appeal system . . ‘. ‘Their Lordships feel they can safely say that there was no danger here of any prejudice to the doctor: this was a well-established quasi-professional tribunal which had been directed in plain terms to pay no attention to the previous conviction because it would give them no assistance, a direction reinforced by the fact that it dealt with events more than 20 years before. The experience their Lordships have of the jury system is that juries are faithful to their oath and abide by the instructions they are given. There are rare circumstances (and this case is not one) where the judge feels that the direction he is considering giving (for example to ignore some exceptionally prejudicial piece of evidence which they knew) might involve the jury in such ‘mental gymnastics’ before they could accept what loyalty to their oath required of them that the risk could not be taken, and the jury would have to be discharged. But here it is difficult to see how the appellant’s conduct of 20 years ago could affect the fundamental point of credibility the committee here had to consider.’

Judges:

Sir Dennis Henry

Citations:

[2002] UKPC 64

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Panel on Takeovers and Mergers ex parte Guinness Plc CA 1989
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the . .

Cited by:

Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 24 July 2022; Ref: scu.179189

Mezey v South West London and St George’s Mental Health NHS Trust: QBD 5 Dec 2008

The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report found minor faults but suggested no further action, and the claimant sought confirmation that the matter was closed. The trust decided to go ahead. The claimant threatened an injunction to prevent such procedures being commenced. The Trust sought instead to instigate a procedure for maintaining high professional standards. The claimant said that this still was unacceptable.
Held: It was not necessary for the finding of serious fault to allow the instigation of an enquiry. However the report contained no findings of any fault which might properly lead to any disciplinary action, and therefore the procedure would have no purpose.

Judges:

Underhill J

Citations:

[2008] EWHC B9 (QB)

Links:

Bailii

Citing:

See Also – Mezey v South West London and St George’s Mental Health NHS Trust QBD 20-Dec-2006
. .
See Also – Mezey v Southwest London and St George’s Mental Health NHS Trust QBD 9-Jan-2007
. .
See Also – Mezey v South West London and St George’s Mental Health NHS Trust CA 8-Feb-2007
Application for leave to appeal by defendant – refused. . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Mattu v University Hospitals Coventry and Warwickshire NHS Trust QBD 14-Jul-2006
The court considered the nature of the procedures for disciplining medicsl practitioners. . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Employment

Updated: 23 July 2022; Ref: scu.296308

The Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Truscott: QBD 31 Mar 2004

A nurse was found guilty of misconduct. The Council sought to appeal the penalty, saying it was too lenient.
Held: The nurse had accessed explicit and offensive web-sites, and been cautioned. The council had the power to make such an application, but it was for the Council to establish that the penalty was unduly lenient. That had not been established here and the application was refused.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 585 (Admin), Times 08-Apr-2004

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice.
Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an . .
Cited – Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott CA 20-Oct-2004
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences.
Held: The power to refer for undue leniency included the situation . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 23 July 2022; Ref: scu.195029

Taranissi, Regina (on the Application of) v Human Fertilisation and Embryology Authority: Admn 14 Jan 2009

The BBC sought permission to inspect a class of documents on the court file in judicial review proceedings. The reason for the application was that the documents were likely to contain information relevant to a libel action in which Mr Taranissi was suing the BBC and in which the BBC wished to advance a plea of justification. Saunders J said: ‘In their application, the BBC have identified the general class of document that they wish to see. I am satisfied that this is not an exercise to look through the whole of the court file to see if there is anything in it which might possibly assist which could probably be described as a fishing expedition. The reason for the application is not directly concerned with obtaining publication in the public interest or in pursuit of the principle of open justice; it is clearly to assist the BBC in their libel action. Indirectly it is concerned with the public interest because that public interest is the basis of the plea of justification in the libel action. In any event, I am satisfied on the authorities to which I have been referred that an application for disclosure for the purposes of collateral litigation does not mean in any sense that the order cannot be made.’

Judges:

Saunders J

Citations:

[2009] EWHC 130 (Admin)

Links:

Bailii

Cited by:

Cited – ABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Media, Litigation Practice

Updated: 22 July 2022; Ref: scu.280425

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’

Judges:

The Honourable Mr Justice Gage

Citations:

[2004] EWHC 644 (QB), Times 12-Apr-2004, (2004) 77 BMLR 145, [2004] 2 FLR 365, [2004] 3 FCR 324, [2004] Fam Law 501, [2005] 2 WLR 358, [2005] Lloyd’s Rep Med 1, [2005] QB 50

Links:

Bailii

Statutes:

Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.

Damages, Health Professions, Torts – Other, Negligence

Updated: 21 July 2022; Ref: scu.194994

Kataria v Essex Strategic Health Authority: Admn 1 Apr 2004

The practitioner sought a statutory review of the decision to disqualify him from practice. The Family Health Services Appeal Authority had dismissed his request, refusing to look at the correctness of the original tribunal’s decision.
Held: It was not the function of the Authority on hearing such a request to consider the correctness of the original decision. Where it was expected that a tribunal would hear such matters, the hearing would be described as an appeal. This provision allowed the tribunal to look again after a minimum period of two years. The instant tribunal was at the same level as the original one, and was not in a position to deal with such a style of application.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 641 (Admin), Times 16-Apr-2004, [2004] Lloyd’s Rep Med 215, (2005) 81 BMLR 179, [2004] 3 All ER 572

Links:

Bailii

Statutes:

National Health Service Act 1977 49N(7)

Jurisdiction:

England and Wales

Health Professions

Updated: 21 July 2022; Ref: scu.195128

RGB v Cwm Taf Health Board and Others: CoP 10 Oct 2013

Application for declarations that the respondent health Board had improperly interfered with the claimant’s right to family life in associating with his wife.
Held: The application failed: ‘Mrs B did not want to see her husband or want him to be involved in her care. In short, she wanted to end her relationship with him. These were her wishes. There was no undue influence. She had capacity at the time.2

Judges:

Moor J

Citations:

[2013] EWHC B23 (COP), [2013] EWCOP B23

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Human Rights, Health Professions, Health, Torts – Other

Updated: 21 July 2022; Ref: scu.518976

Wootton v J Docter Ltd and Another: CA 19 Dec 2008

The claimant sought damages saying that the contraceptive pill dispensed by the defendant was not the one prescribed by her doctor, and that she had become pregnant and suffered the losses claimed namely care, expenses and loss of earnings flowing from the pregnancy and a period of post-natal psychosis. She appealed against rejection of her expert’s evidence suggesting an increased risk of pregnancy from the alternately supplied drug.
Held: The Court had ample evidence on which to base its rejection of the expert evidence that the drug dispensed was less effective.

Judges:

Waller LJ, Moses LJ, Hallett LJ

Citations:

[2008] EWCA Civ 1361

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
Cited – Sanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
Cited – Barker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Cited – Clough v First Choice Holidays and Flights Ltd CA 25-Jan-2006
The appellant broke his neck slipping from a wall in a swimming pool in Lanzarote. The wall was not coated with fully non-slip paint. At first instance the failure to use such paint was held negligent for the purpose of the contract between them and . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Professional Negligence

Updated: 21 July 2022; Ref: scu.278985

Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008

The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition.
Held: The appeal against the allowance of the entry for the roposed pharmacy in Todmorden was allowed. In the Freckleton case the judge had been too legalistic, and the NHSLA’s was allowed. Neither entry to the list was to be admitted.

Judges:

Laws LJ, Sedley LJ, Lawrence Collins LJ

Citations:

[2008] EWCA Civ 1356

Links:

Bailii

Statutes:

National Health Service Act 1977 42, National Health Service Act 2006, National Health Service (Pharmaceutical Services) Regulations 2005

Jurisdiction:

England and Wales

Citing:

Cited – Clarke Homes Ltd v Secretary of State for the Environment CA 1993
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as . .
Cited – Lowe and Others, Regina (on the Application of) v Family Health Services Appeal Authority CA 26-Jan-2001
The court considered applications to join the lists of pharmacies in an area, and the adequacy of current provision. Laws LJ said: ‘What is ‘adequate’ is a question of degree. There is, as it has been described, a spectrum or ‘continuum’ of . .
Cited – Lloyds Pharmacy Ltd v The National Appeal Panel and Another ScS 11-Jun-2004
The idea of whether the provision of pharnacy services in an area was adequate was an absolute one. . .
Cited – First Secretary of State and Another v Sainsbury’s Supermarkets Ltd CA 2-Nov-2007
. .
Appeal from – Assura Pharmacy Ltd, Regina (on the Application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit) Admn 21-Feb-2007
. .
Cited – Regina v Family Health Services Appeal Authority, Boots Chemist Interested Party and similar CA 11-Mar-1999
In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 21 July 2022; Ref: scu.278523

Chatzithanasis (Free Movement Of Persons): ECJ 4 Dec 2008

Europa Directive 92/51/EEC Recognition of diplomas – Studies completed in an ‘independent study centre’ not recognised as an educational establishment in the host Member State – Optician.

Citations:

C-151/07, [2008] EUECJ C-151/07

Links:

Bailii

Statutes:

Directive 92/51/EEC Recognition of diplomas

Jurisdiction:

European

Health Professions

Updated: 21 July 2022; Ref: scu.278682

Regina v Mid Glamorgan Family Health Services and Another, ex parte Martin: QBD 2 Jun 1993

The Access to Health Records Act 1990 did not give retrospective rights of access to records which had been created before it was brought into effect.

Citations:

Times 02-Jun-1993, Gazette 14-Jul-1993, Independent 08-Jun-1993

Statutes:

Access to Health Records Act 1990

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin CA 7-Sep-1994
A doctor may deny a patient access to his health records if it is in the patient’s best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Health Professions

Updated: 21 July 2022; Ref: scu.87334

Regina v North West Thames Regional Health Authority and Others, ex parte Daniels (Rhys William): QBD 18 Jun 1993

The court considered that a failure by the district health authority to consult the community health council before closing a local hospital was unlawful.

Citations:

Independent 18-Jun-1993, Times 22-Jun-1993

Jurisdiction:

England and Wales

Health Professions, Judicial Review

Updated: 21 July 2022; Ref: scu.87452

Muscat v Health Professions Council: Admn 14 Nov 2008

Citations:

[2008] EWHC 2798 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 19 July 2022; Ref: scu.277934

Sadler v The General Medical Council: PC 15 Jul 2003

(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the practitioner, but to protect the public. The standard of proof was accordingly the civil standard of balance of probabilities. The Board considered the role of members of the GMC sitting as panel members of its Committee on Professional Performance. It was argued that the presence of GMC members on the CPP panels was contrary to the domestic doctrine of apparent bias or to ECHR article 6.
Held: Lord Hope pointed out that there is no general principle of Convention jurisprudence which prevents such self-regulation and that everything depended on all the relevant circumstances. As to the relevant rules and the protection afforded by them, their Lordships were satisfied that the CPP met the Convention requirements.

Judges:

Lord Rodger of Earsferry, Lord Walker of Gestingthorpe, Sir Phillip Otton

Citations:

[2003] UKHL 59, Times 29-Sep-2003, [2004] Lloyd’s Rep Med 44, [2004] HRLR 8, [2003] 1 WLR 2259

Links:

Bailii, PC, PC

Statutes:

European Convention on Human Rights

Jurisdiction:

Commonwealth

Citing:

Cited – Dr Manjula Krippendorf v The General Medical Council PC 24-Nov-2000
(Reasons for report) When the Committee of Professional Performance was considering the standard of professional practice of a doctor, the committee should consider his actual record of practice as disclosed from the records of his practice, and . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – McAllister v General Medical Council PC 3-Feb-1993
English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland. . .
Cited – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have . .
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .

Cited by:

Cited – Kaur, Regina (on The Application of) v Institute of Legal Executives Appeal Tribunal and Another CA 19-Oct-2011
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights, Natural Justice

Updated: 19 July 2022; Ref: scu.185170

Kent v Griffiths and others: CA 3 Feb 2000

A doctor attended the home of a patient suffering from an asthma attack and called for an ambulance to take her immediately to hospital. The control replied ‘Okay doctor.’ After 13 minutes the ambulance had not arrived and the patient’s husband made a further call. He was told that an ambulance was well on the way and should arrive in seven or eight minutes. For unexplained reasons it did not arrive until 40 minutes after the first call. The patient suffered a respiratory arrest which would have been prevented if the ambulance had arrived in a reasonable time. The patient’s doctor gave evidence that if she had been told that it would take the ambulance service 40 minutes to come, she would have advised the patient’s husband to drive her to hospital and would have gone with them.
Held: The defendant owed a duty of care to the claimant. The ambulance service, as part of the health service, should be regarded as providing services equivalent to those provided by hospitals, and not as providing services equivalent to those rendered by the police and fire services. Accordingly, the staff of the ambulance service owed a similar duty of care to that owed by doctors and nurses operating in the health service.

Judges:

Lord Woolf MR

Citations:

[2000] EWCA Civ 3017, [2000] 2 WLR 1158, [2000] 2 All ER 474, [2001] QB 36, [2000] PIQR P57, [2000] Lloyd’s Rep Med 109

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

To be confined to its facts – Alexandrou v Oxford (Chief Constable of the Merseyside Police) CA 16-Feb-1990
A shop was burgled. The shop-owner blamed the police for their negligent investigation.
Held: The police were not liable in negligence. . .
See Also – Kent v Dr Griffiths, Dr Roberts, London Ambulance Service CA 11-Dec-1998
Though there is no duty at large to help someone in need of urgent assistance, an ambulance service, by accepting a 999 call, may have accepted a duty to the caller. It remained open to argue as to whether it was fair just and reasonable to impose . .
Appeal from – Kent v Doctor Griffiths, Doctor Roberts, The London Ambulance Service QBD 16-Jul-1999
The claimant suffered a respiratory arrest after an emergency ambulance called by the first defendant, did not arrive for 40 minutes.
Held: the ambulance service was negligenct and liable. The acceptance of the doctor’s request for an . .

Cited by:

Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury, Health Professions

Updated: 19 July 2022; Ref: scu.276303

Onyerindu (the Lime Trees Residential Care Home) v Commission for Social Care Inspection: CST 21 Jul 2008

CST The Appellant appeals against the refusal by the Respondent to vary conditions imposed on his registration in 2003. The Appellant has registration for 16 residents with the category Old Age, not falling in to any other category- code OP. He clarified at the hearing that he wishes to be able to admit in addition, clients with a primary need or diagnosis of dementia- code DE, mental disorder – code MD and physical disability – code PD.

Citations:

[2007] EWCST 1041(EA)

Links:

Bailii

Health Professions

Updated: 19 July 2022; Ref: scu.272316

Dr D v The Secretary of State for Health: Admn 13 Dec 2005

There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving evidence.
Held: The court refused the appellant’s application for judicial review of the issue of an Alert Letter by a Regional Director of Public Health for whom the respondent Secretary of State is responsible.

Judges:

Mr Justice Calvert-Smith

Citations:

[2005] EWHC 2884 (Admin)

Statutes:

National Health Service Act 1977 17

Jurisdiction:

England and Wales

Cited by:

Appeal from – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 18 July 2022; Ref: scu.237443

Thompson Ltd and Another v The Bermuda Dental Board: PC 9 Jun 2008

(Bermuda)

Judges:

Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2008] UKPC 33

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Discrimination

Updated: 17 July 2022; Ref: scu.270797

Mattu v University Hospitals Coventry and Warwickshire NHS Trust: QBD 14 Jul 2006

The court considered the nature of the procedures for disciplining medicsl practitioners.

Judges:

Eady J

Citations:

[2006] EWHC 1774 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mezey v South West London and St George’s Mental Health NHS Trust QBD 5-Dec-2008
The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 17 July 2022; Ref: scu.244009

Brayshaw v The Partners of Apsley Surgery and Another: QBD 30 Nov 2018

‘ A doctor who uses, or abuses, his position to inculcate his patients with his religious beliefs is acting unprofessionally and deserves to be struck off. The issue in this case is whether such a doctor is also tortiously liable to his patient where the patient is occasioned harm and whether, if he is, liability transfers to his employer or quasi-employer through the doctrine of vicarious liability.’

Citations:

[2018] EWHC 3286 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Professional Negligence

Updated: 17 July 2022; Ref: scu.630780

Nwogbo v General Medical Council: Admn 6 Sep 2012

Appeal against the decision of a fitness to practise panel finding a number of allegations which had been made against him proved. They went on to find that as a result his fitness to practise as a doctor was impaired, and finally they found that the appropriate sanction was to direct that his name be erased from the medical register.

Judges:

HHJ Stephen Davies

Citations:

[2012] EWHC 2666 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 17 July 2022; Ref: scu.464689

Merelie v Newcastle Primary Care Trust: QBD 20 Jun 2006

Judges:

Underhill J

Citations:

[2006] EWHC 1433 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Merelie v Newcastle Primary Care Trust QBD 11-Nov-2004
An harassment claim was being considered. It was suggested that a defendant sought revenge against the claimant. . .
See Also – Merelie v Newcastle Primary Care Trust QBD 21-Feb-2006
. .

Cited by:

See Also – Merelie v Newcastle Primary Health Care Trust and Others (No.3) Admn 20-Jun-2006
. .
See Also – Merelie v Newcastle Primary Care Trust CA 2-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.

Health Professions, Employment

Updated: 15 July 2022; Ref: scu.245090

W v Egdell: CA 1990

The plaintiff was detained in a secure mental hospital, under a hospital order coupled with a restriction order, after pleading guilty to manslaughter on the grounds of diminished responsibility. The defendant, a consultant psychiatrist, was engaged on his behalf to prepare a report in connection with an intended application to a mental health review tribunal for his discharge. The defendant’s report presented a disturbing picture and it led to the withdrawal of the application. The defendant was nevertheless so concerned that matters in his report ought to be known to those responsible for the plaintiff’s care and discharge that he sent a copy of it to the medical director at the hospital, with a view to its onward transmission to the Home Office. The plaintiff sued the defendant for breach of his contractual duty of confidence.
Held: The appeal failed. There was no sufficient duty of confidence to prevent the health professional disclosing that he thought the prisoner likely to continue to represent a risk to others: ‘It has never been doubted that the circumstances here were such as to impose on Doctor Egdell a duty of confidence owed to W. He could not lawfully sell the contents of his report to a newspaper, as the judge held . . nor could he without a breach of the law as well as professional etiquette, discuss the case in a learned article or in his memoirs or in gossiping with friends, unless he took appropriate steps to conceal the identity of W.’

Judges:

Bingham LJ

Citations:

[1990] 1 Ch 359

Jurisdiction:

England and Wales

Citing:

Appeal from – W v Egdell 1989
The psychiatrist had been engaged by W’s solicitors to examine him and prepare a report to go to the Tribunal hearing an application for the transfer or conditional discharge of W from a secure unit. His report was damning. W withdrew the . .

Cited by:

Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – Ingenious Media Holdings Plc and Another, Regina (on The Application of) v Revenue and Customs SC 19-Oct-2016
The tax payer complained that the Permanent Secretary for Tax had, in an off the record briefing disclosed tax details regarding a film investment scheme. Despite the off the record basis, details were published in a newspaper. His claims had been . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Information

Updated: 15 July 2022; Ref: scu.238533

Hartlauer Handelsgesellschaft mbH v Wiener Landesregierung, Oberosterreichische Landesregierung, (Freedom Of Establishment): ECJ 10 Mar 2009

ECJ Freedom of establishment – Social security – National health system financed by the State System of benefits in kind – System of reimbursement of costs paid by the person insured – Authorisation to set up a private outpatient dental clinic – Criterion of assessment of the need to set up a health institution – Objective of maintaining a balanced high-quality medical or hospital service open to all Objective of preventing a risk of serious harm to the financial balance of the social security system – Consistency – Proportionality.

Citations:

C-169/07, [2009] EUECJ C-169/07

Links:

Bailii

Jurisdiction:

European

Health Professions

Updated: 15 July 2022; Ref: scu.317968