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Expert Witness : Medico Legal

Appeal denies £190,000 damages is "irrationally generous" for superbug boss

The Court of Appeal has awarded an ousted NHS boss more than £190,000 after overturning a “bizarre legal situation” left in the wake of a superbug scandal.

Thomspons Solicitors has succeeded on behalf of Rose Gibb, former chief executive of Tunbridge Wells NHS Trust, who was one of the heads to roll following the outbreak of the clostridium difficile (c-dif) superbug which claimed 90 lives.

Last Updated on Wednesday, 21 July 2010 10:54


Prosecution for assisted-suicide Doctor

A retired GP who paid for a patient to fly out to Switzerland to end his life will not be prosecuted under the new assisted suicide guidelines, the CPS has announced.

Dr Irwin, a former medical director with the UN, funded Raymond Cutkelvin’s trip to the Dignitas clinic in February 2007.

Last Updated on Wednesday, 21 July 2010 10:55


Health service not obliged to refund costs of hospital care abroad in full

Hospital costs incurred while travelling in the EU will only be refunded if the patient would have had the same treatment free of charge in his country of residence, European judges have ruled.

The case followed a complaint by a French national resident in Spain and insured with the Spanish social security system.

While on a trip to France, Mr Chollet underwent unscheduled hospital treatment and was charged a proportion of the costs, as per French healthcare legislation.

Last Updated on Thursday, 28 June 2012 09:00


The cancer that’s hard to diagnose

One type cancer which is difficult to diagnose and which is consequently subject to misdiagnosis is lymphoma. Lymphoma is the term used to describe a group of cancers of the lymphatic system, first described in 1832 by Thomas Hodgkin, but it can also happen in other areas of the body, for example the stomach, skin or the liver. It can also, less commonly, occur as a solid tumour in the brain.

According to Yorkshire solicitors Grayson’s: “Late diagnosis or treatment is often the cause of medical negligence cases for lymphoma sufferers. In some types of non-Hodgkin’s lymphoma cases a ‘wait and watch’ approach is used. This is due to the difficulty in diagnosing the specific strand of lymphoma, many of which require different treatments. The potential problem with this approach is that the treatment may be delayed too long, leading to additional suffering by the patient.”

Last Updated on Thursday, 28 June 2012 09:00


Mother acquitted over too much doubt in 'shaken baby' expert evidence

The Crown Prosecution Service is reported to be studying the possible implications of a decision by an Old Bailey judge that there was too much doubt over conflicting medical evidence in a case in which a mother twice stood trial accused of shaking her eight-month-old son to death.

Describing her as a "caring, dutiful wife and loving mother", Judge Timothy Pontius ordered jurors to acquit twenty-seven year old Fatima Miah of manslaughter.

Mr Justice Pontius said: "It is my firm view that, unusually, there is no evidence upon which this jury could find, to the extent they feel sure, that the expert opinion supporting the prosecution allegation of non-accidental death is to be preferred."

Last Updated on Wednesday, 21 July 2010 11:04