The failure by a doctor to disclose that he had been refused approval by another strategic health authority when asked to do so in the application form was sufficient grounds to suspend the doctor for one year even where the doctor had been told by one of the panel members who had refused his approval that he need not disclose it on a subsequent application. Although the doctor had not appeared at the panel hearing, it had done everything reasonable to ensure that anything that might assist the ...
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The failure by nurses to summon a doctor despite drastic falls in the heart and respiratory rates of an infant had on the balance of probabilities materially contributed to the cerebral atrophy subsequently suffered.
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The failure by the hospital to not obtain properly the Claimant’s consent to an invasive angiogram by not discussing the alternative imaging methods and their respective comparative risks allowed the Claimant to recover despite the actual performance of the angiogram not being negligent.
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In 1994 the claimant’s wife was treated with radiotherapy in respect of a rare form of tongue cancer. Over the following years the claimant’s wife was examined and until 2001 all the biopsies were reported as being clear. In 2001 a diagnosis of spindle-cell carcinoma was made. The hospital trust should have identified this on examination in December 1996 when the biopsies were performed and had it done so salvage surgery would have been performed and the claimant’s wife survived. The claimant wa ...
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Professional Conduct: There was no duty on the GMC to draw to the parties’ attention that it was minded to impose a specific kind of sanction and in any event Counsel ought to know that a sanction for breach of a condition to practise might well include suspension. While suspension might affect the health and career of the professional the panel was entitled to place weight on public interest conditions and the reputation of the profession in ensuring that conditions were complied with.
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The medical negligence claim arising out of a catastrophic brain injury to a two year old child was valued at more than £17,000,000. The Claimant contended that her family had settled in France and that in determining any periodical payments order it was appropriate to have expert evidence of the French earnings index and was allowed to call such evidence despite the fact that it might prove unnecessary. The Defendant disputed the Claimant’s claim that her father would have been likely to earn s ...
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The practice of a hospital to retrieve a patient’s medical records only if advised by the patient of previous complications in pregnancy was negligent. Although the particular damage was not foreseeable the immediate cause of the Claimant’s condition did not differ in kind from what was foreseeable.
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Medical: While the original decision not to perform a caesarean was an approach that would have been taken by a reasonable proportion of obstetricians at the time, the decision not to carry out an emergency caesarian thereafter was a breach of duty. That breach had been a material contribution to the intraventricular haemorrhaging suffered by the Claimant.
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Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has come to the view that your actions as described (attachment 1) bring the profession into disrepute and demonstrate a serious departure (from) the standard of conduct that the public is entitled to expect ...
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A general practitioner was found to have failed to carry out a medical examination with due care on a patient suffering from symptoms of meningococcal septicaemia. Although the notes of examination recorded symptoms suggestive of a common cold. in light of the corroborating evidence as to the claimant’s symptoms at the time of examination from her relatives, the notes did not represent a complete account of those symptoms.
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