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18 October 2007 / B Mahendra
Issue: 7293 / Categories: Features
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NO FAULT TRAGEDY >>
HIDDEN VIOLENCE >>
CONFLICT IN CHILD PROTECTION >>
INTERIM DISCIPLINE >>

NO FAULT TRAGEDY

In Sutcliffe v BMI Healthcare Ltd (2007) EWCA Civ 476, Mr Sutcliffe had been a keen amateur rugby football player, aged 33, who underwent a routine operation on his injured knee. The operation was performed successfully and he appeared to be making an uneventful recovery—although naturally suffering pain which he controlled through standard self-administered doses of morphine. He spent a sleepless night and fell asleep at 6.00am, when the decision was taken to let him sleep undisturbed. At 8.15am he still seemed to be in untroubled sleep. At some point thereafter he appears to have vomited and, whereas the normal reaction would have been to have woken up, coughed and removed any obstruction to the airways, Mr Sutcliffe’s reactions, perhaps dulled by the morphine, had been impaired with the consequence that the vomited matter had entered his lungs, obstructing the flow of oxygen. As a consequence he suffered massive brain damage from which he will not recover.

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MOVERS & SHAKERS

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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