Pure diagnosis cases: The test of breach of duty

Enable Law | Personal Injury Law Journal | April 2020 #184
Paul Sankey provides guidance on the appropriate test for breach of duty after negligence in diagnosis ‘The judge reached the right answer to the straightforward question “did the professional exercise reasonable care and skill?”, but had to use a route through Bolam and Bolitho to get there.’ The test of what amounts to breach of …

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Advocate’s advice: Clinical negligence update

Exchange Chambers | Personal Injury Law Journal | April 2019 #174
Bill Braithwaite QC provides his insight on recent significant case law ‘In Montgomery, the Supreme Court highlighted the importance of patient autonomy and the patient’s entitlement to make decisions whether to incur risks of injury inherent in treatment.’ Updating in clinical negligence is not always easy, because the principles usually stay the same, and only …

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