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New Onwude v GMC--application against suspension dismissed, IOT's order extended for 12 months and Civil Restraint Order for 3 years--High Court Judgment(09.11.23)
New Roy v GMC--sexual misconduct involving a minor, erasure, refusal to adduce further evidence,appeal dismissed--High Couirt Judgment(25.10.23)
Suleman v General Optical Council--allegations of carrying out restricted activities whilst unregsitered and giving false registration number,erasure from register,apparent bias, Committee's member should have recused himself, appeal allowed--High Court Judgment(16.8.23)
OXR v Mid and South Essex Hospital NHS Foundation Trust--foreign body in ear, subsequent ENT surgery was negligently performed, permanent conductive hearing loss caused by injury to ossicular chain while in the theatre, breach of duty and liability established--High Court Judgment (01.8.23)
Metastasio v GMC--sexual contact with previous patient,misconduct, erasure from register, transactional nature of relationship does not make it any less inappropriate, serious abuse of professional position, appeal dismissed--High Court Judgment (26.7.23)
McCulloch & Ors v Forth Valey Health Board(Scotland)--Montgomery-'professional practice test' did not apply to advisory role,whether alternative treatment is reasonable, option of treatment with NSAID, case of Duce also considered, no breach of duty in not informing possible treatment with NSAID,appeal dismissed--Supreme Court Judgment(12.7.23)
Shally v Imperial College Healthcare NHS Trust--excision of large calcified prolpased thoracic disc,injury to spinal cord, paraplegia,alleged negligence,Bolam-Bolitho test,spinal cord was not retracted with any instrument, claim fails--High Court Judgment(01.6.23)
Chapman v Mid & South Essex NHS Foundation Trust--prolapsed thoracic disc at T11/12,negligent delay in diagnosing and treating the prolapse leading to paraplegia,failure to conduct full nerological examination and order an updated MRI scan, breach of duty,claim succeeds--High Court Judgment(30.5.23)
Sankaye v GMC--sexually motivated touching during examination,misconduct and 12-month suspension,tribunal gave adequate reasons, appeal fails--High Court Judgment(22.5.23)
The Professional Standards Authority for Health and Social Care v GMC and Prof Sundara Lingam--inappropriate prescribing practice, issuing almost 300 private prescriptions, appeal against sanction(conditions of practice order),MPT erred in reasoning process--High Court Judgment(27.4.23)
Mohamed Adil v GMC--claim that covid-19 pandemic was a conspiracy, 12-month suspension, undermined public confidence in the medical profession, all grounds of appeal fail--High Court Judgment(05.4.23)
Dr Mina Mohiul Maqsud Chowdhury v GMC--erasure from register, diagnosis of ASD likely to have had a bearing on tribunal's decision, appeal fails--Court of Session Judgment(14.3.23)
Dixon v North Bristol NHS Trust--application to restrain disclosure of documents,alleged breach of contract,confidence, DPA 2018 and misuse of private information, application fails--High Court Judgment(07.12.22)
Lateef v GMC--s40 appeal against erasure,false representation to GMC and Magistrates, fabricated career history on CV,dishonesty,putative fresh evidence,appeal fails--High Court Judgment(01.11.22)
O'Brien v Guy's & St Thomas' NHS Trust--alleged negligence over 400mg Gentamicin to patient on renal dialysis,ototoxicity and balance problems,Bolam-Bolitho test,clinical guidelines,not negligent--High Court Judgment(31.10.22)
Ranga v GMC--dishonesty, plagiarism,breaching patient confidentiality,failure to keep records, erasure, appeal fails--High Court Judgment(26.10.22)
GMC v Mok--sanction not sufficient to protect the public, sexual misconduct,all three grounds of appeal fail--High Court Judgment(29.6.22)
Srinivasan v GMC--sexual misconduct,acquitted following trials,appeal against findings of MPTS and erasure,adequate reasons, appeal dismissed--High Court Judgment(22.6.22)
GMC v Udoye--actions had not amounted to misconduct,did not consider fitness to practise was impaired, s40A appeal-not sufficient to protect the public, appeal allowed and sent to fresh panel--High Court Judgment(07.6.22)
Phoebe Charmaine Pickering v Cambridge University Hospitals NHS Foundation Trust--stroke, Heparin would have prevented new clot formation and prevented mother clot propagation, on balance of probabilities-would not have suffered a stroke,judgment for the Claimant--High Court Judgment(17.5.22)
Dr MXM v GMC--registration suspended for 18 months by Interim Orders Tribunal,allegations of sexual misconduct, risk is not proportionate to impose an interim suspension order--High Court Judgment(06.4.22)
Veeravalli v GMC--management of a patient whilst in labour, misconduct, appeal against conditions on registration for 12 months fails--High Court Judgment(31.3.22)
Williams v Betsi Cadwaladr University Health Board--suicide, alleged negligence, psychiatric injury as a secondary victim, claim fails--High Court Judgment(04.3.22)
GMC v Ahmed--GMC appeals against sanction(suspension), no order for review,appeal under s40A Medical Act 1983 fails--High Court Judgment(25.2.22)
Ahmed v GMC--failure to disclose previous FTP decisions to prospective employer, dishonest conduct, erasure, appeal fails--High Court Judgment(24.2.22)
Sawati v GMC--six allegations of misconduct, erasure, the 'rejected defence issue', sanctions decision quashed, remitted to fresh tribunal--High Court Judgment(11.2.22)
Traylor & anor v Kent and Medway NHS Social Care Partnership Trust--stabbing daughter after psychotc episode, alleged negligent management of mental illness, schizophrenia and morbid jealousy, did not take medication and lied to staff, Trust not liable--High Court Judgment(10.2.22)
Rahim v GMC--dishonest alterations by a GP, erasure from the medical register,all appeal grounds dismissed--High Court Judgment(25.1.22)
Paul & Ors v The Royal Wolverhampton NHS Trust--liability for psychiatric injury to a close relative of primary victim suffering traumatic death,negligence and horrific event seperated in time,one appeal allowed,prepared to grant permission to appeal to the Supreme Court--Court of Appeal Judgment(13.1.22)
Ahmedsowida v GMC--dishonesty, appeal against erasure,s40 Medical Act 1983, three errors in the determinations, decisions on impairment and sanction cannot stand,proceedings should be reconsidered--High Court Judgment(21.12.21)
Bakare v GMC--appeal against erasure from register,falsified prescription,false and dishonest statements,not an isolated incident,sanction imposed clearly correct--High Court Judgment(03.12.21)
White v GMC--seeking review of controversal conditions imposed by IOT,artcle 10 ECHR,error of law in IOT's decision--High Court Judgment(03.12.21)
Mays & Anor v HM Senior Coroner for Kingston Upon Hull & East Riding of Yorkshire--mechanical asphyxia and overdose,failure to admit constituted neglect,relevant information coming to light after the inquest,s13 of Coroners Act 1988,the State has not yet discharged its obligation under Article 2 ECHR,fresh inquest ordered--High Court Judgment(01.12.21)
Burn v Alder Hey Children's NHS Foundation Trust--consultant on-call did not come into hospital during operation,restricted from clinical duties pending outcome of investigation,dispute about disclosure of certain documents,first stage of MHPS process,implied term that disciplinary process to be conducted fairly,appeal dismissed--Court of Appeal Judgment(30.11.21)
HTR v Nottingham University Hospitals NHS Trust--alleged negligence at an antenatal clinic,reduced fetal movements, quadriplegic cerebral palsy,court satisfied reduced fetal movement was raised as a concern at clinic,breach of duty established--High Court Judgment(30.11.21)
Mokhammad v GMC--challenge by way of judicial review for imposing warning for using offensive language and a gesture,failure to give adequate reasons for adverse findings,misconduct cannot stand and warning cannot be sustained--High Court Judgment(28.10.21)
Arowojolu v GMC--second appeal against erasure,challenges findings of fact as to credibility of complainant,criminal conviction quashed by Court of Appeal,appeal dismissed--High Court Judgment(13.10.21)
Byrne v GMC--appeal against erasure for sexual misconduct,limited findings of fact cannot stand but decision was neither wrong nor unjust--High Court Judgment(10.8.21)
GMC & Anor v Bramhall--marked initials on transplanted livers,five-month suspension insufficient,errors in sanctions evaluation and insufficient reasons for departing from Sanctions Guidance, case remitted to fresh tribunal--High Court Judgment(27.7.21)
Malik v St George's University Hospitals NHS Foundation Trust--successful spinal cord decompression but neurological complications,multiple allegations including failure to adequately explain surgical risks and obtain consent,resolution of questions of fact, no negligence--High Court Judgment(12.7.21)
GMC v Armstrong--appeal against decision that fitness to practice was not impaired,dishonesty,finding of impairment the only rational conclusion,remitted to tribunal to decide sanction--High Court Judgment(23.6.21)
Khan v Meadows--failure to refer for genetic testing, child born with haemophelia,later diagnosed with autism,negligence limited to genetic testing issue, autism causally unrelated, appeal dismissed--Supreme Court Judgment(18.6.21)
Dr Karim v GMC--less favourable treatment, claim of direct race discrimination well founded and succeeds--Employment Tribunal Judgment(16.6.21)
Ramaswamy v GMC--appeal against two determinations,refusal to postpone hearing and proceed in absence,sanction and non-compliance determinations quashed--High Court Judgment(15.6.21)
Newley v GMC--appeal against review decision imposing conditions on registration for 24 months,little evidence of insight or remediation,no basis to overturn review decision--High Court Judgment(08.6.21)
GMC v Udoye--allegations of dishonesty dismissed by MPTS, no misconduct,tribunal misunderstood allegation and misapplied the law,appeal allowed--High Court Judgment(07.6.21)
Haris v GMC--non-clinically indicated intimate examinations,facts spoke for themselves,only rational conclusion is conduct was sexually motivated, appeal fails--Court of Appeal Judgment(20.5.21)
Sastry & Okpara v GMC--erasure from register,s40(rehearing) and s40A(review) appeals,appellate court can evaluate public protection & professional reputation issues,appeals dismissed--Court of Appeal Judgment(30.4.21)
Gupta v Northampton Hospital NHS Trust--exclusion from work pending outcome of investigation,safeguarding concerns,application for interim injunction refused--High Court Judgment(21.4.21)
Al Nageim v GMC--dishonest failure to notify errorneously paid salary, erasure, appeal fails--High Court Judgment(20.4.21)
Watkins v BMA--disciplinary action by a trade union,alleged breaches of union rules, disciplinary action should not 'stifle' debate or 'deter' seeking election,error of law in Certification Officer's assessment,case remitted to make a new decision--EAT Judgment(06.4.21)
Bux v GMC--erasure for acting in a state of conflict of interest,dishonestly and for finacial gain,duties of an expert witness,duty of disclosure,appeal fails--High Court Judgment(31.3.21)
Towuaghantse v GMC--exomphalus major,misconduct in relation to surgical management,insight & remediation incomplete,erasure,allegations in Coroner's court,impairment & sanctions phases to be reconsidered by MPT--High Court Judgment(25.3.21)
Negus & Anor v Guy's and St Thomas' NHS Foundation Trust--aortic valve replacement, alleged negligence as larger sized valve was not implanted and failure to properly advice risks from a smaller valve,claim dismissed--High Court Judgment(19.3.21)
Professional Standards Authority for Health & Social Care v GMC and Christian Hanson--appeal against 10-month suspension for sexually motivated conduct towards a nurse,MPTS fell into error in five respects,appeal succeeds, only one sanction that could properly be imposed:erasure--High Court Judgment(12.3.21)
GMC v Donadio--12-month suspension insufficient to protect the public,deficient professional performance as a Consultant Radiologist,MPT made an error in its sanctions evaluation--High Court Judgment(10.3.21)
Garaffa v GMC--appeal against 5-month suspension,vaginectomy without consent,amendment to consent form made after surgery commenced, appeal fails--High Court judgment(09.3.21)
Basma v Manchester University Hospitals NHS Foundation Trust & Anor--Spinal Muscular Atrophy,not entitled to newly approved drug,clinical judgement and substantial factual element in decision-making, failure to take into account mother's relevant evidence irrational--Court of Appeal Judgment(02.3.21)
Reddy v GMC--nine month suspension for dishonesty,two full-time salaries,appeal against findings of fact,apparent bias,appeal dismissed--High Court Judgment(02.3.21)
Khan v GMC--allegations of sexually motivated behaviour, erasure,approach to witness evidence erroneous,sanction of erasure quashed--High Court Judgment(02.3.21)
Jarman v Brighton and Sussex University Hospitals NHS Trust--Cauda Equina Syndrome following injury,alleged delay in decompression surgery, relevant delay did not cause any loss,claim dismissed--High Court Judgment(18.2.21)
Calderdale & Huddersfield NHS Foundation Trust v Metcalf--exaggeration of physical disabilities,admits lying repeatedly,claim upto £5 million,6 months imprisonment--High Court Judgment(11.2.21)
Polmear & Anor v Royal Cornwall Hospitals NHS Trust--application to strike out claim for damages of secondary victims as a result of witnessing collapse & death of daughter,negligent failure to diagnose life threatening condition pulmonary veno-occlusive disease,what constitutes relevant event for purposes of establishing proximity,permission to appeal to Court of Appeal granted--High Court Judgment(05.2.21)
Davies v Frimley Health NHS Foundation Trust--death due to pneumococcal meningitis,delay in administering IV antibiotics,material contribution,indivisible outcome of death,causation made out and claim succeeds--High Court Judgment(29.1.21)
Professional Standards Authority for Health and Social Care v GMC & Dr Dighton--costs, not disproportionate to instruct QC,overall costs by PSA disproportionately high--High Court Judgment(11.1.21)
 Medico-Legal Headlines 2002-2020
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