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01 January 2009 / Elizabeth Wale
Issue: 7350+7351 / Categories: Features , Professional negligence
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Update from the courts

How far should doctors go to inform patients about alternative procedures? Elizabeth Wale reports

In Birch v UCL Hospital NHS Foundation Trust [2008] EWHC 2237 (QB), [2008] All ER (D) 113 (Sep), Mrs Birch suff ered a stroke caused by a cerebral catheter angiogram on 21 June 2003. The claimant contended that the decision to undertake the angiogram was negligent and that the investigation of her condition should have been by (noninvasive) MRI, and that the diff erent imaging methods—catheter angiography and MRI—and their comparative risks should have been discussed with her as a result of which she would have declined catheter angiography.

The claimant was admitted to Watford General Hospital on 18 June 2003. She was noted to have diabetes which was under very poor control. A CT scan was required and a neurological opinion was requested to rule out sub-arachnoid haemorrhage. Th e neurologist’s view was that she was likely to be suffering from “vascular third nerve palsy”, a benign condition which usually healed itself spontaneously with time. However, because of some

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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