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The latest on Bolam is Dead

Bolam is dead. Long live Bolam! ~ by Simon Fox QC Dr Simon Fox QC is a medically qualified barrister based at Serjeants’ Inn, London. He is a specialist clinical negligence silk, assistant coroner and certified mediator. He can be contacted at sfoxqc@serjeantsinn.comand on twitter @clinnegsilk. In this article he reviews the Bolam test for…Read Article

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Negligent Advice and a Wrongful Birth: a GP’s Liability

Negligent Advice and a Wrongful Birth: a GP’s Liability ~ by Paul Sankey, Enable Law Khan v MNX[1] A decision of the Court of Appeal of Khan v MNX considered the right approach in wrongful birth cases. It also throws light on the scope of a doctor’s duty to a patient. The facts A GP…Read Article

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Experts’ Agendas – a Warning from the Bench

Experts’ Agendas – a Warning from the Bench ~ by Simon Fox QC “It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and…Read Article

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Is a Hospital Liable for a Receptionist’s Negligent Advice?

Darnley v Croydon Health Services NHS Trust (2018) ~ by Paul Sankey, Enable Law A receptionist in Accident and Emergency tells a patient he would have to wait 4 to 5 hours to see a doctor. The advice is wrong. The patient leaves. He suffers injury as a result. Is the hospital in damages? This…Read Article

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Bolam is dead. Long live Bolam!

Bolam is dead. Long live Bolam! ~ by Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence. The most obvious to me,…Read Article

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Annual Expert Witness Conference

First Inspire MediLaw Annual Conference for Medical Experts Inspire MediLaw are excited to announce details of their first Annual Conference for Medical Expert Witnesses.  The conference will be held in Oxford on Tuesday 4 December and will be accredited for 6 CPD hours. The conference will be a great opportunity for medical professionals to network,…Read Article

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An Expert’s Evidence ‘Fundamentally Flawed’

An Expert’s Evidence ‘Fundamentally Flawed’ ~ by Paul Sankey, Enable Law In a recent case at Winchester County Court, the judge found that an expert’s evidence was fundamentally flawed to the point where he rejected it on every contentious point. The case of Ruffell v Lovatt[1] contains lessons for medical experts. The Claim Mrs Ruffell…Read Article

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Credible medical expert witnesses: the role, knowledge and legal obligations

Credible medical expert witnesses: the role, knowledge and legal obligations ~ by Paul Sankey, Enable Law Providing expert evidence in any legal proceeding is a professional privilege. Doctors can play an important role as expert witnesses in helping courts, tribunals or other dispute resolution processes make informed, fair decisions on cases involving clinical issues. A…Read Article