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Ten Point Checklist for Finalising Expert Reports for Exchange

Ten Point Checklist for Finalising Expert Reports for Exchange ~ by Simon Fox QC The recent case of Arksey v Cambridge University Hospitals 2019 EWHC 1276 QB is a useful reminder of the pitfalls of finalising expert reports for disclosure. The Judge criticised the Claimant’s expert neurosurgeon, Mr Sandeman, in a number of respects, most…Read Article

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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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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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Is Consent to Treatment Valid?

Is Consent to Treatment Valid? The Role of the Medical Expert ~ by Paul Sankey, Enable Law Has a patient given valid consent to treatment? What is the medical expert’s role in reporting on the issue following the Supreme Court’s decision in Montgomery v Lanarkshire Health Board in 2015? Consent to Medical Treatment: The Law…Read Article

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Medical Care and the Duty to Advise

Medical Care and the Duty to Advise ~ by Paul Sankey, Enable Law Raul Guiu Gallardo v Imperial College Healthcare NHS Trust[1] The Supreme Court in Montgomery v Lanarkshire Health Board changed the law in relation to a doctor’s duty to advise patients[2]. It substituted a patient-centred test for a doctor-centred one. The adequacy of…Read Article