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

    Wednesday, January 9th, 2019 posted in Expert Witness, Inspire News, Paul Sankey

    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 gave negligent advice to a patient. He told her that according to blood tests she […]

  • Experts’ Agendas – a warning from the Bench by Dr Simon Fox QC

    Friday, December 21st, 2018 posted in Expert Witness, Simon Fox

    “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 is simply not the best way to focus on the issues. I do […]

  • First Annual Medico-Legal Expert Witness Conference

    Friday, December 7th, 2018 posted in Events, Expert Witness, Inspire News

    “A top notch conference with plenty of opportunity to engage with the speakers.” Our first Annual Expert Witness Conference!  Over 55 leading Consultants, GPs and medical experts came together to take part in what was described as, “a very interactive day of medicolegal discussion and debate.” Dr Simon Fox QC addressed the conference on the […]

  • Why Mediation?

    Thursday, November 22nd, 2018 posted in Events, Inspire News, Mediation

    In litigation, a claimant can seek only financial redress. Disputes often arise from a misunderstanding of the details of events or poor communication.  Discussion and explanation can encourage the parties to find common ground. In a mediation, both parties have the opportunity to set out their case and, crucially, to emphasise the issues which matter […]

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

    Thursday, November 8th, 2018 posted in Inspire News, Opinion, Paul Sankey

    Darnley v Croydon Health Services NHS Trust 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 was the issue that came before the […]

  • Are up-and-coming surgeons dextrous enough?

    Thursday, November 8th, 2018 posted in Opinion, Sarah Sellars

    Professor Roger Kneebone claims that many of the younger generation now joining the medical profession do not have the learned dexterity of their predecessors. Whilst this is in part attributable to the increased use of computer games and general screen time, our consumer driven society means we throw things away instead of acquiring the skills […]

  • BOLAM IS DEAD. LONG LIVE BOLAM!

    Monday, August 20th, 2018 posted in Inspire News, Legal tests, Simon Fox

    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, then and now, is an allegation that a surgeon negligently injured […]

  • When is Expert Evidence not Expert Evidence?

    Tuesday, June 26th, 2018 posted in Expert Witness, Inspire News, Paul Sankey

    In a recent family case a judge rejected the evidence of an expert on the grounds that is was not expert evidence at all[1]. The case is a reminder of the basic principles governing the admission of expert evidence. The case concerned a mother’s application to discharge a care order for her 8 year old […]

  • Annual Expert Witness Conference

    Tuesday, June 26th, 2018 posted in Inspire News

    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, […]

  • An Expert’s Evidence ‘Fundamentally Flawed’

    Wednesday, June 13th, 2018 posted in Inspire News

    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 was a passenger injured in a road traffic accident in 2012. […]