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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll