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To Read Their Full Article About The Malik Case, Please Click Here.pdf

MM-Bilal-v-Malik-v-St-Georges-University-Hospital-NHS-Trust-by-3PB-Barristers-2.pdf
Preview of To read their full article about the Malik case, please click here
🔗 Source: 3pb.co.uk
📊 Size: 315 KB
👤 Author: Michelle Marnam and Jeremy Warner
⬇️ Downloads: 79

Summary

Bilal and Malik v St George's University Hospital NHS Trust [2023] EWCA Civ 605 is a clinical negligence case that provides insight into informed consent and the importance of tightly crafted pleadings. The claim was brought by the personal representatives of Mukhtar Malik, who underwent surgery in 2015 that left him wheelchair-dependent. The first-instance judge dismissed the claim, finding no breach of duty and no causation. The Court of Appeal upheld this decision, citing the importance of pleadings in clinical negligence claims and rejecting the appellants' attempts to introduce new arguments not previously pleaded. The court emphasized that a claimant should not ambush a defendant at trial with unpleaded points and that pleadings form the core of experts' instructions. The appellants' reliance on the Wisniewski principle was also rejected due to the lack of supporting evidence.

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Description

Bilal and Malik v St George's University Hospital NHS Trust [2023] EWCA Civ 605 is a clinical negligence case that provides insight into informed consent and...

Technical Information

  • File Format: PDF
  • File Size: 315 KB
  • Pages: 5
  • Language: EN
  • Author: Michelle Marnam and Jeremy Warner
  • Total Downloads: 79
  • Last Updated: 6 hours ago

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