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Montgomery V Lanarkshire Health Board
''Montgomery v Lanarkshire Health Board'' 015UKSC 11is a Scottish delict, medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent. The Supreme Court departed and overruled the earlier House of Lords case in ''Sidaway v Board of Governors of the Bethlem Royal Hospital'', in reconsidering the duty of care of a doctor towards a patient on medical treatment. The case changed the ''Bolam test'' to a greater test in medical negligence by introducing the general duty to attempt the disclosure of risks. 9571 WLR 582 Facts The claimant was a woman of small stature and a diabetic under the care of a doctor during her pregnancy and labour. The doctor did not inform her of the 9-10% risk of shoulder dystocia, where the baby's shoulders are unable to pass through the pelvis among diabetic women as she viewed the problem being very slight and a caesarean section was not in the clai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Neuberger
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birming ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sidaway V Board Of Governors Of The Bethlem Royal Hospital
''Sidaway v Board of Governors of the Bethlem Royal Hospital'' 985AC 871 is an important House of Lords case in English tort law, specifically medical negligence, concerning the duty of a surgeon to inform a patient of the risks before undergoing an operation. It has largely been overturned by Montgomery v Lanarkshire Health Board, which determined that there is a duty on doctors to take reasonable care to ensure that a patient is aware of material risks inherent in treatment. Facts The claimant suffered from pain in her neck, right shoulder, and arms. Her neurosurgeon took her consent for cervical cord decompression, but did not include in his explanation the fact that in less than 1% of the cases, the said decompression caused paraplegia. She developed paraplegia after the spinal operation. Judgment Rejecting her claim for damages, the court held that consent did not require an elaborate explanation of remote side effects. In dissent, Lord Scarman said that the Bolam test shou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Duty In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rogers V Whitaker
Rogers may refer to: Places Canada *Rogers Pass (British Columbia) *Rogers Island (Nunavut) United States * Rogers, Arkansas, a city * Rogers, alternate name of Muroc, California, a former settlement * Rogers, Indiana, an unincorporated community * Rogers, Kansas, an unincorporated community * Rogers, Kentucky, an unincorporated community * Rogers, Minnesota, a city * Rogers, Nebraska, a village * Rogers, New Mexico, an unincorporated community * Rogers, North Dakota, a city * Rogers, Ohio, a village * Rogers, Texas, a town * Rogers, Virginia, an unincorporated community * Petroleum, West Virginia, also known as Rogers, an unincorporated community * Rogers County, Oklahoma * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Brook, Pennsylvania * Rogers Corner, Michigan, an unincorporated community * Rogers Creek (Missouri) * Rogers Creek (Pennsylvania) * Rogers Island (Connecticut) * Rogers Island (New York) * Rogers Lake (other) * Mount Rogers, Virginia * R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chester V Afshar
''Chester v Afshar'' causation_in_a_Medical_malpractice.html" "title="Causation_in_English_law.html" ;"title="English_tort_law.html" ;"title="004UKHL 41is an important English tort law">004UKHL 41is an important English tort law case regarding Causation in English law">causation in a Medical malpractice">medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm incurred. Rather, the failure to provide informed consent is sufficient in itself to claim for damages. Facts Miss Chester was referred to Dr Afshar, a neurological expert, about some lower back pain. He told her that surgery was a solution, but did not inform her of the 1-2% risk of these operations going wrong. She suffered a complication, called cauda equina syndrome. The judge found that there was a causal connection between the failure to inform and Miss Chester's injuries—i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Reed, Lord Reed
Robert John Reed, Baron Reed of Allermuir, (born 7 September 1956) is a British judge who has been President of the Supreme Court of the United Kingdom since January 2020. He was the principal judge in the Commercial Court in Scotland before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere; he served as one of the UK's ''ad hoc'' judges at the European Court of Human Rights. He was also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Reed was educated at George Watson's College in Edinburgh (where he was dux), and studied at the School of Law of the University of Edinburgh, taking a first class honours LLB and winning a Vans Dunlop Scholarship. He then took a DPhil at Balliol College, Oxford, with a doctoral thesis on "Legal Control of Government Assistance to Industry", and was admitted to the Faculty of Advocates in 1983. Legal career Reed was Standing Junior ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Kerr, Baron Kerr Of Tonaghmore
Brian Francis Kerr, Baron Kerr of Tonaghmore, (; 22 February 19481 December 2020) was a Northern Irish barrister and a senior judge who was Lord Chief Justice of Northern Ireland and then a Justice of the Supreme Court of the United Kingdom. At the time of his retirement, he was the longest serving Supreme Court Justice, and the last original member of the Court. Early life Kerr was born on 22 February 1948 to James William Kerr and Kathleen Rose (née Murray) Kerr, of Lurgan, County Armagh. He was educated at St Colman's College, Newry, and read law at Queen's University Belfast. He was called to the Bar of Northern Ireland in 1970, and to the Bar of England and Wales at Gray's Inn in 1974. He took silk in 1983 and became a member of the Bar of Ireland in 1990, and an Honorary Bencher of Gray's Inn in 1997 and the King's Inns in 2004. He served as Junior Crown Counsel (Common Law) from 1978 to 1983 and Senior Crown Counsel from 1988 to 1993. Judicial career Northern Irel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shoulder Dystocia
Shoulder dystocia is when, after vaginal delivery of the head, the baby's anterior shoulder gets caught above the mother's pubic bone. Signs include retraction of the baby's head back into the vagina, known as "turtle sign". Complications for the baby may include brachial plexus injury, or clavicle fracture. Complications for the mother may include vaginal or perineal tears, postpartum bleeding, or uterine rupture. Risk factors include gestational diabetes, previous history of the condition, operative vaginal delivery, obesity in the mother, an overly large baby, and epidural anesthesia. It is diagnosed when the body fails to deliver within one minute of delivery of the baby's head. It is a type of obstructed labour. Shoulder dystocia is an obstetric emergency. Initial efforts to release a shoulder typically include: with a woman on her back pushing the legs outward and upward, pushing on the abdomen above the pubic bone, and making a cut in the vagina. If these are not effec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bolam V Friern Hospital Management Committee
''Bolam v Friern Hospital Management Committee'' 9571 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. ''Bolam'' was rejected in the 2015 Supreme Court decision of ''Montgomery v Lanarkshire Health Board'' in matters of informed consent. Facts Mr Bolam was a voluntary patient at Friern Hospital, a mental health institution run by the Friern Hospital Management Committee. He agreed to undergo electro-convulsive therapy. He was not given any muscle relaxant, and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the committee for compensation. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informed Consent
Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research and to disclosing a person's medical information. Definitions of informed consent vary, and the standard required is generally determined by the state. Informed consent requires a clear appreciation and understanding of the facts, implications, and consequences of an action. To give informed consent, the individual concerned must have adequate reasoning faculties and possess all relevant facts. Impairments to reasoning an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
