swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health Professions - From: 1998 To: 1998
This page lists 29 cases, and was prepared on 27 May 2018.
Powell v Boladz [1998] 1 Lloyd's Rep Med 116
1998
CA
Stuart-Smith LJ
Professional Negligence, Health Professions
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 taken place post death. The allegations included conspiracy to injuer by unlawful means. Held: The court considered whether the doctors in the practice owed a duty of care. Stuart-Smith LJ: "I propose to consider first whether a sufficient relationship of proximity existed. It must be appreciated that prior to April 17th 1990 although the Plaintiffs were patients of the Defendants in the sense that they were on their register, the only patient who was seeking medical advice and treatment was Robert. It was to him that the Defendants owed a duty of care. The discharge of that duty in the case of a young child will often involve giving advice and instruction to the parents so that they can administer the appropriate medication, observe relevant symptoms and seek further medical assistance if need be. In giving such advice, the Doctor obviously owes a duty to be careful. But the duty is owed to the child not to the parents. As Lord Diplock said in Sidaway v Governors of Bethlem Royal Hospital [1985] AC 871 at 890 a "doctor's duty of care, whether he be a general practitioner or consulting surgeon or physician is owed to that patient and none other, idiosyncrasies and all." No duty of care existed.
1 Cites
1 Citers
Chatterjee v City and Hackney Community Services NHS Trust (1998) 49 BMLR 55
1998
ChD
Lightman J
Health Professions, Employment
Unless there was some bad faith or other unreasonableness it was for the employer Health authority to categorise the conduct of which complaint was made about a doctor as either personal or professional.
1 Cites
1 Citers
Attorney-General v Prince and Gardner [1998] 1 NZLR 262
1998
Richardson P
Professional Negligence, Health Professions, Commonwealth
(New Zealand Court of Appeal) Claims in negligence were made by the natural mother of a child who had been adopted, and also by the child, now an adult, complaining of the process followed in the adoption and also of failure to investigate a complaint made about his treatment when the child was still a child. Held: The social worker's function is one of independent professional judgment, the purpose of which is to facilitate the Family Court's determination of the application. The legislative environment is of considerable relevance to the dual issues of proximity and policy which drive the conventional enquiry into whether it is fair, just and reasonable to impose a duty of care in a novel situation. The court struck out the first claim as incompatible with the adoption regime laid down by statute in New Zealand, but by a majority, allowed both the claims under the second head to proceed to trial.
1 Citers
Dr Susan Linda Kramer (Suing As Dr S Kramer) v South Bedfordshire Community Health Care Trust [1998] EWCA Civ 193
10 Feb 1998
CA
Health Professions
[ Bailii ]
Berry v Calderdale Health Authority [1998] EWCA Civ 248
16 Feb 1998
CA
Professional Negligence, Health Professions
[ Bailii ]
Regina v Northumberland Health Authority ex parte Crestacare (Gb) Limited [1998] EWHC Admin 344
20 Mar 1998
Admn
Health Professions
Nursing Homes and Mental Nursing Homes Regulations 1984
[ Bailii ]
Kapfunde v Abbey National Plc and Dr D Daniel and Times, 06 April 1998; [1998] EWCA Civ 535; [1999] ICR 1; [1999] Lloyd's Rep Med 48
25 Mar 1998
CA
Kennedy LJ
Health Professions, Professional Negligence
A Doctor employed by a potential employer to report on the health of applicants for employment, owed no duty of care to those applicants.
1 Citers
[ Bailii ]
Regina v Richardson; CACD 6-Apr-1998 - Gazette, 29 April 1998; Times, 06 April 1998
McDonald v The General Dental Council (Professional Conduct Committee of the GDC) [1998] UKPC 19
7 Apr 1998
PC
Health Professions
Appeal against finding of serious professional misconduct - dismissed
[ Bailii ]
Regina v UK Central Council for Nursing Midwifery and Othes, Jacobs [1998] EWHC Admin 416
7 Apr 1998
Admn
Health Professions
[ Bailii ]
Regina v Family Health Services Appeal Authority ex parte E Moss Limited [1998] EWHC Admin 463
29 Apr 1998
Admn
Health Professions
1 Citers
[ Bailii ]
Hendley v The General Medical Council [1998] UKPC 21
5 May 1998
PC
Health Professions
(Professional Conduct Committee of the General Medical Council)
[ Bailii ]
Singh v the General Medical Council [1998] UKPC 23
13 May 1998
PC
Health Professions
(Professional Conduct Committee of the General Medical Council)
[ Bailii ]
Derry v Ministry of Defence; QBD 8-Jun-1998 - Times, 08 June 1998
Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates' Court [1998] EWHC Admin 624
10 Jun 1998
Admn
Pill LJ, Maurice Kay LJ
Health Professions
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held. It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all reasonable precautions etc. was not available against offences under the Regulations. The request for a review was very much out of time, and was in any event hopeless. The offences were such that they were properly considered misconduct by the Council. The applicant had failed to acknowledge his own personal responsibility for the acts of those he employed, and the appeal was dismissed.
Nurses Midwives and Health Visitors Act 1979 13 - Registered Homes Act 1984 18 - Nursing Homes and Metal Nursing Homes Regulations 1984 12 15 - Supreme Court Act 1981 31(6)
1 Cites
1 Citers
[ Bailii ]
General Medical Council v British Broadcasting Corporation; CA 10-Jun-1998 - Gazette, 24 June 1998; Times, 11 June 1998; [1998] EWCA Civ 949
Samson v Registered Homes Tribunal and Another [1998] EWCA Civ 1094
25 Jun 1998
CA
Health Professions
[ Bailii ]
In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L; HL 25-Jun-1998 - Gazette, 22 July 1998; Times, 30 June 1998; [1998] UKHL 24; [1998] Fam Law 592; [1999] AC 458; [1998] 3 All ER 289; [1998] 3 WLR 107; [1998] 2 FLR 550; [1998] 2 FCR 501
Regina v Medicines Control Agency ex parte Rhone-Poulenc Rorer Limited May and Baker Limited Intervener Trinity Pharmaceuticals Limited Intervener Healthcare Limited [1998] EWHC Admin 735
10 Jul 1998
Admn
Health Professions, Licensing
[ Bailii ]
Regina v Medicines Control Agency ex parte Rhone-Poulence Rorer Limited May and Baker Limited Intervener Trinity Pharmaceuticals Limited Interverner Norton Healthcare Limited [1998] EWHC Admin 736
10 Jul 1998
Admn
Health Professions, Licensing
[ Bailii ]
Federation Belge des chambres syndicales de medecins v Gouvernement flamand and others C-93/97; [1998] EUECJ C-93/97
16 Jul 1998
ECJ
Health Professions, European
ECJ Directive 93/16/EEC - Specific training in general medical practice - Article 31
[ Bailii ]
Regina v Family Health Services Appeal Authority Interested Party ex parte Elmfield Drugs Ltd Times, 16 September 1998; Gazette, 16 September 1998; [1998] EWCA Civ 1278
23 Jul 1998
CA
Health Professions
A doctor could delegate the task of supply of medicines to patients even though the staff member was neither doctor nor pharmacist. A mere handing over of medicines after prescription set did not involve discretion
Medicines Act 1968
[ Bailii ]
Department of Health v Pensions Ombudsman (Julian Farrand) and John Wallis Moss [1998] EWCA Civ 1296
27 Jul 1998
CA
Health Professions
National Health Service (Superannuation) Regulations 1980
[ Bailii ]
In Re A (A Minor) (Disclosure of Medical Records to GMC); FD 21-Aug-1998 - Times, 21 August 1998; [1998] 2 FLR 641
Department of Health v Pensions Ombudsman and Another Times, 25 August 1998; Gazette, 30 September 1998
25 Aug 1998
CA
Health Professions
Where a pension was calculated by setting base then applying factor for inflation, a deduction to be made to reflect payment of state pension was to be applied first before application of inflation uprooting.
National Health Service (Superannuation) Regulations 1980 (1980 No 362)
Regina v Nhs Executive ex parte Christopher Ingoldby [1998] EWHC Admin 911
2 Oct 1998
Admn
Health Professions
[ Bailii ]
Regina v NHS Executive ex parte Christopher Ingoldby [1998] EWHC Admin 910
2 Oct 1998
Admn
Health Professions
[ Bailii ]
Kent v Dr Griffiths, Dr Roberts, London Ambulance Service Times, 23 December 1998; Gazette, 27 January 1999; [1998] EWCA Civ 1941
11 Dec 1998
CA
Negligence, Health Professions
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 duty.
1 Cites
1 Citers
[ Bailii ]
Mason v South Ayrshire Council [1998] ScotCS 100
15 Dec 1998
SCS
Lord Gill
Health Professions
Application for suspension and interim suspension of a decree cancelling her registration as a day care provider.
[ Bailii ]