DLM - Case Law Summary - Table PDF

Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles Rv Cunningham 1957 Defendant ripped a gas meter from the wall to steal money, causing a gas leak. Two young boys set fire to R v G & R 2003 newspapers, causing a large fire. 1 Recklessness is defined as taking an unjustifi...

Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles Rv Cunningham 1957 Defendant ripped a gas meter from the wall to steal money, causing a gas leak. Two young boys set fire to R v G & R 2003 newspapers, causing a large fire. 1 Recklessness is defined as taking an unjustified risk and being aware of that risk. Recklessness is defined as a subjective awareness of a risk and going on to take that risk. R v Gnango 2012 A shootout between two men resulted in the death of an innocent bystander. Both participants in a "joint enterprise" can be liable for the consequences, even if they did not directly cause the harm. R v Gullefer Defendant attempted to rob a dog race track by claiming a false race. Defined the "more than merely preparatory" test for the actus reus of attempt crimes. R v Galbraith Concerned the clarity of evidence required for a case to be presented to a jury. If there's no evidence upon which a jury could convict, the case should not proceed. Fagan v MPC 1969 Defendant accidentally drove onto a An act can become assault if there's a policeman's foot and then refused to continuing act and the mens rea (guilty mind) is move. formed during that act. R v Ireland 1997 Defendant made a series of silent phone calls over three months to three different women. Silence can amount to an act of assault. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 2 R v R 1991 Concerned a husband who was charged with raping his wife. Established that a husband can be guilty of raping his wife. Bree 2007 Concerned the issue of consent in If a person has the capacity to choose and does sexual relations where one party was choose to drink and have intercourse, this can intoxicated. be seen as valid consent. R v Dougal 2005 A man was acquitted of causing death by dangerous driving due to lack of evidence Highlighted the difficulty in proving of impairment from drugs. impairment due to drugs in driving cases. R v B 2007 Concerned the issue of consent in sexual activity. RvG (Appellant) (This case might be the same as R v G & R Recklessness is defined as a subjective 2003, which dealt with recklessness in awareness of a risk and going on to take that arson.) risk. R v Kemp 1975 A man attacked his wife with a hammer due to his arteriosclerosis. Bratty v AG 1963 A man strangled a girl with her own stocking and claimed he had an epileptic Defined automatism and distinguished it from fit. insanity. Reiterated the importance of genuine consent in sexual offenses. Established that a disease of the mind can be a defense, even if it has a physical cause. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 3 R v Burgess 1991 A man attacked a woman while he was sleepwalking. Sleepwalking was considered a form of automatism and not insanity. R v Hennesy 1989 Diabetes was considered a disease of the A diabetic man, due to not taking insulin, mind, and hyperglycemia was not considered committed a crime. automatism. Broome v Perkins 1987 A diabetic man drove erratically without taking insulin. Driving while impaired due to hypoglycemia was not considered automatism. R v Bailey 1983 A diabetic, after taking insulin but not eating, attacked someone. If a person knows they might become aggressive due to a condition and does nothing, they can be held criminally responsible. R v Byrne 1960 A man with severe sexual perversions killed a young woman. Broadened the definition of "abnormality of mind" for the defense of diminished responsibility. R v Miller 1972 A squatter accidentally started a fire and did not put it out. Established the duty to act in certain situations and that failing to act can be a criminal act. R v Hobson 1997 Concerned the duty of care in familial relationships. Established that parents have a duty of care towards their children. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 4 Introduced the concept of "slow burn" R v Ahulwalia reaction in cases of battered women 1993 A woman set her abusive husband on fire. syndrome. R v Campbell Concerned the preparation of terrorist 1997 acts. Acts that are "more than merely preparatory" can be considered attempted crimes. R v Seers 1984 Chronic depression can be considered an "abnormality of mind" for the defense of diminished responsibility. A man suffering from chronic depression killed his wife. R v Gittens 1984 A man suffering from depression killed his wife and stepdaughter. If a defendant has a mental illness and is also intoxicated, the intoxication should not prevent the use of the insanity defense. R v Lidar 1999 A road rage incident where a driver was dragged and killed by another driver. Reiterated the importance of intention in murder cases. A man assaulted his wife after she Hyman v DPP 1975 told him she was leaving him. Established that words alone can't be used as a defense for provocation. R v Williams and Davis 1992 Clarified the meaning of "taken by force or fraud" in the context of kidnapping. Concerned the kidnapping of a hitchhiker. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles R v Bateman 5 (This case might be the same as R v Bateman 1925, which dealt with gross Defined gross negligence and its role in negligence manslaughter.) manslaughter. An anesthetist failed to notice a disconnected oxygen tube, leading to Established the "Adomako Test" for gross R v Adomako 1994 a patient's death. negligence manslaughter. Concerned the use of reasonable Rowley v DPP 2003 force in self-defense. Reiterated that the use of force in selfdefense must be reasonable. R v Misra & Srivastava 2005 Two doctors were convicted of manslaughter due to gross negligence after a patient's death. Emphasized the high standard of proof required for gross negligence manslaughter. Honey Rose v Regina 2017 An optometrist failed to notice a condition in a patient, leading to the patient's death. Refined the test for gross negligence manslaughter, focusing on the risk of death. Donoghue v Stevenson 1932 A woman found a decomposed snail in a bottle of ginger beer. Established the modern concept of negligence and the "neighbor principle." Hill v Chief Constable of West Yorkshire 1987 Established that the police owe no duty of Concerned the police's duty of care to care to potential victims of a known potential victims of a known criminal. criminal. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 6 Kent v Griffiths and Others 2000 Ambulance failed to arrive in Emergency services can owe a duty of care time despite being told it was an when they are aware of the urgency and emergency. potential harm. West Bromwich Albion Football Club v Medhat El-Safty 2006 A footballer claimed negligence against a surgeon for ending his Medical professionals owe a duty of care, career. but causation and breach must be proven. R v Bateman 1925 A doctor's negligence led to the death of a patient during Defined gross negligence in the context of childbirth. manslaughter. A patient was given incorrect Darnley v Croyden Health waiting times in A&E and Services NHS Trust 2018 suffered injuries as a result. Hospitals owe a duty of care to patients, including providing accurate information about wait times. Capital and Counties plc Fire brigade's actions worsened v Hampshire CC 1997 a fire at a commercial property. Emergency services can be liable if their actions worsen a situation, but this is rare. Barnes v Crabtree 1955 (I'm not familiar with this specific case. Further research would be needed.) - Tredget v Bexley Health Authority 1994 A patient suffered burns during an operation due to an equipment malfunction. Medical professionals and institutions owe a duty of care to ensure equipment is safe and functioning. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 7 Claims following the Alcock v Chief Constable Hillsborough disaster by those Sth Yorks Police 1992 who witnessed it indirectly. Defined the criteria for "secondary victims" in negligence claims. R (Davies) v HN Deputy Coroner for Birmingham Concerned the scope of a 2003 coroner's inquest. Established the breadth and limits of a coroner's inquest. Hunter v Hanley 1957 A medical negligence case in Scotland. A patient suffered fractures Bolam v Friern Hospital during electro-convulsive Management Committee therapy without muscle 1957 relaxants. Hucks v Cole 1968 Established a test for standard of care in medical negligence cases in Scotland. Established the "Bolam test" for medical negligence, which assesses actions against what a responsible body of doctors would do. A patient developed septicaemia Reiterated the duty of care doctors owe to after a doctor failed to treat a patients and the need for proactive minor infection. treatment in obvious cases. Clarified the standards of care and the need A patient suffered complications for informed consent in medical De Freitas v O’Brien 1993 after a vasectomy. procedures. Bolitho v City and Hackney Health Authority 1997 A child suffered brain damage Modified the "Bolam test" by adding that due to a doctor's decision not to the medical opinion must be logical and intubate. defensible. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles Concerned a baby's brain Pearce v United Bristol NHS damage due to alleged Trust 1999 negligence during birth. Muller v Kings College Hospital 2017 8 Even if there's a breach of duty, causation must be proven to establish negligence. Emphasized the importance of timely A woman suffered complications medical intervention and the after a delayed cesarean section. consequences of delays. Concerned alleged negligence in Webster v Burton Hospitals the treatment of a baby leading Highlighted the complexities in proving NHS Foundation 2017 to cerebral palsy. causation in medical negligence cases. Barnett v Kensington and Chelsea Hospital Management Committee A patient died due to alleged negligence in diagnosing arsenic Established that a breach of duty must poisoning. have materially contributed to harm. Caparo Industries v Dickman 1990 Established the "Caparo test" for duty of care, considering foreseeability, Concerned the duty of care owed proximity, and whether it's fair, just, and by auditors to potential investors. reasonable. Emeh v Kensington and Chelsea Health Authority 1985 Concerned alleged negligence Reiterated the standards of care in during childbirth leading to brain childbirth and the consequences of damage. breaches. McFarlane v Tayside 2000 A failed vasectomy led to an unplanned birth. Established that while medical costs can be claimed, the costs of raising a healthy child cannot. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 9 Gregg v Scott 2005 A delay in diagnosing lymphoma Held that loss of a chance of a better allegedly reduced life medical outcome is not compensatable expectancy. in English law. Hotson v East Berkshire Health Authority 1987 A boy's hip injury was allegedly misdiagnosed leading to disability. Chester v Ashfar 2004 A patient wasn't informed of risks Established the importance of informed of a procedure that led to consent and that patients should be complications. aware of material risks. Emphasized the need to prove that negligent treatment materially contributed to the harm. Concerned the risks of shoulder Reinforced the importance of informed Montgomery v Lanarkshire dystocia not being discussed consent and the need to discuss risks Health Board 2015 with a diabetic pregnant woman. with patients. Duce v Worcestershire A patient suffered complications Reiterated the importance of informed Acute Hospitals NHS Trust after a surgery, claiming she consent and discussing alternative 2018 wasn't informed of risks. treatments. Re T (Adult, refusal of medical treatment), 1992 Re C (Adult, refusal of treatment) 1994 Concerned an adult's refusal of medical treatment after a car accident. Established that adults with capacity have the right to refuse medical treatment, even if it leads to their death. A schizophrenic patient refused amputation of a gangrenous foot. Held that mental illness does not necessarily mean a lack of capacity to refuse treatment. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 10 Re MB (Adult, medical treatment) 1997 Fear or phobia can vitiate consent, but A woman with needle phobia refused treatment can be given if it's in the a cesarean section. patient's best interest. St George’s Healthcare NHS Trust v S A pregnant woman with preeclampsia refused treatment. The court can intervene if a patient's decision puts their life at risk, especially if there's a viable fetus. R v Collins and others, ex parte s 1998 Concerned the rights of detained patients to refuse treatment. Established that detained patients have the same rights as others to refuse treatment. Re B (adult: Refusal of Medical Treatment) 2002 A paralyzed patient wanted to be allowed to die by turning off his ventilator. Reiterated the right of competent adults to refuse life-sustaining treatment. P v Cheshire West and Chester Council Concerned the living arrangements of mentally incapacitated adults. Defined what constitutes a "deprivation of liberty" for mentally incapacitated adults. P & Q v Surrey County Council 2014 Further clarified the criteria for Related to the living arrangements of "deprivation of liberty" in care two sisters with learning disabilities. arrangements. R (LF) v HM Senior Coroner for Inner London 2017 Concerned the scope of a coroner's inquest into a hospital patient's death. Established the breadth and limits of a coroner's inquest in cases of medical treatment. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles Airedale NHS Trust v Bland 1993 Concerned a patient in a persistent vegetative state after the Hillsborough disaster. 11 Established that it's lawful to withdraw life-sustaining treatment from patients in a persistent vegetative state. Concerned withdrawing treatment An NHS Trust and others from a patient in a vegetative state v Y 2018 without seeking court approval. Held that court approval isn't always necessary to withdraw life-sustaining treatment if doctors and family agree. Cheshire & Wirral Partnership NHS Foundation Trust v Z 2016 Concerned the force-feeding of a patient with anorexia nervosa. Established that force-feeding can be in the best interests of a patient, even if it's against their wishes. A Local Authority v E 2012 Concerned the force-feeding of a woman with severe anorexia. Reiterated that treatment can be given in a patient's best interests, even against their wishes. Re L 2012 EWHC Fam (I'm not familiar with this specific case. Further research would be needed.) - Betsi Cadwaladr University Local Health Board v Miss W 2016 Emphasized the importance of Concerned the treatment of a considering a patient's best interests woman with a severe eating disorder. and the potential for recovery. A paralyzed patient sought the Ms B v An NHS Hospital removal of her ventilator to be Trust 2002 allowed to die. Affirmed the right of competent adults to refuse medical treatment, even if it results in death. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 12 Burke v GMC 205 Clarified that patients cannot demand Concerned the rights of patients to treatments that doctors consider not to be demand certain treatments. in their best interests. W v Edgell 1990 A psychiatrist's report on a patient Established that public safety can override was disclosed without the patient's patient confidentiality in certain consent. circumstances. Z v Finland 1997 Concerned the disclosure of a patient's medical records without consent. Stone v South East Coast SHA 2006 Established that decisions on funding Concerned the funding of a specific treatments should be made rationally and drug for a patient. fairly. The European Court of Human Rights held that such disclosure violated the right to respect for private and family life. Campbell v MCN Ltd 2004 A model's medical treatment was disclosed by a newspaper. The House of Lords held that the disclosure was a breach of privacy, emphasizing the importance of medical confidentiality. Gillick v West Norfolk and Wisbech Area Health Authority 1985 Concerned the provision of contraceptive advice to minors without parental consent. Established the "Gillick competence" test, where minors can consent to medical treatment if they fully understand it. Axon, R v Secretary of State for Health, 2006 A mother challenged the Gillick Reaffirmed the "Gillick competence" and ruling, wanting to be informed of the right of minors to medical her daughter's medical treatments. confidentiality. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles R (A Minor) (Wardship Medical Treatment) 1993 13 Concerned the medical treatment of a child against the wishes of the The court can override parental wishes if parents. it's in the best interests of the child. The court can intervene and order Re W (A Minor) Medical Concerned the refusal of a medical treatment if it's in the best Treatmentl Courts Jurisdiction) teenage girl to undergo heart interests of a child, even against their 1992 surgery. wishes. An NHS Foundation Trust Hospital v P 2014 Concerned the withdrawal of life-sustaining treatment from a minimally conscious patient. Reiterated that decisions should be based on the patient's best interests, considering their past wishes and feelings. Re E (a minor) (I'm not familiar with this specific case. Further research would be needed.) - Re S (a minor) (medical treatment) 1993 Concerned the treatment of a The court can override parental wishes child with leukemia against to provide life-saving treatment for a the parents' wishes. child. Re J (specific issue orders: Muslim upbringing and circumcision) 2000 Concerned the circumcision of a child against one parent's wishes. The court held that circumcision was not in the child's best interests without the consent of both parents. Diploma in Legal Medicine Case Law – Case Summaries and Legal Principles 14 Re L and B (Children: Specific issues: temporary leave to remove from jurisdiction; circumcision) 2016 The court held that circumcision should be deferred until the children are old enough to make their own informed decisions. Concerned the circumcision of children and taking them abroad. Re (A Child: Immunisation) 2018 Concerned the vaccination of a child against the wishes of The court held that vaccination was in one parent. the best interests of the child. Glass v UK 2004 Concerned the administration The European Court of Human Rights of drugs to a child without held that the treatment violated the the mother's consent. child's human rights. Re TM (medical treatment) 2013 Concerned the medical treatment of a child with a rare genetic disorder. The court held that the proposed treatment was in the child's best interests. Re v Y 2018 Concerned the withdrawal of life-sustaining treatment from a patient in a vegetative state. The Supreme Court held that legal permission is not always needed to withdraw treatment if it's in the patient's best interests and there's no dispute. An NHS Trust v MB 2006 The court held that it was in the child's Concerned the life-sustaining best interests to continue treatment, treatment of a child with a even if chances of improvement were severe neurological disorder. slim.