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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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Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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