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Bloomsburry Family law

Clinical negligence

John Anderson v (1) Milton Keynes General NHS Trust (2) Oxford Radcliffe Hospital NHS Trust

Although a hospital had been in breach of duty by not communicating to surgeons performing an operation the results of laboratory tests showing the presence of bacteria in a patient's existing surgical wound, and in not administering appropriate antibiotics to combat those bacteria, the hospital was not liable to the patient for his eventual continuing disability as, on a substantial balance of probabilities, the bacteria would have been immune to attack by that time.

L v Pembrokeshire County Council [2006]

The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust [2005] UKHL 23; [2005] 2 AC 373, that doctors or social workers who failed to exercise reasonable care and skill in erroneously concluding that a child was at risk of abuse from one or both of its parents were not liable in negligence to the parents of the child, was not rendered invalid or otherwise inapplicable by the fact that, after the coming into force of the Human Rights Act 1998, such a parent might have a claim under Art 8 of the European Convention on Human Rights 1950.

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