header-logo header-logo

Update from the courts

01 January 2009 / Elizabeth Wale
Issue: 7350+7351 / Categories: Features , Professional negligence
printer mail-detail

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll