header-logo header-logo

26 April 2013
Issue: 7557 / Categories: Case law , Law digest , In Court
printer mail-detail

Negligence

Ecclestone v Medway NHS Foundation Trust [2013] EWHC 790 (QB), [2013] All ER (D) 72 (Apr)

It was settled law that the standard of care to be applied to a surgeon was that of the reasonable surgeon exercising and professing to have the necessary skill to undertake the surgery in question. The starting point in considering whether there had been negligence on the part of a medical practitioner was to determine whether he had acted in accordance with a responsible body of practitioners skilled in the particular medical field in question. Further, in the vast majority of cases, the fact that distinguished experts in the field were of a particular opinion would demonstrate the reasonableness of that opinion. In particular, where there were questions of assessment of the relative risks and benefits of adopting a particular medical practice, a reasonable view necessarily presupposed that the relative risks and benefits had been weighed by the experts in forming their opinions. However, if, in a rare case, it could be demonstrated that the professional opinion was not capable of withstanding

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll