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Kirstie Shearman

About Kirstie Shearman

Kirstie is a doctoral researcher in medical law and bioethics at Warwick Medical School. She has an LLB in Law and an MA in Medical Law and Ethics.

How Should The Court Approach A Case Of Clinical Negligence That Worsens A Pre-Existing Condition?

Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119 Background Causation in cases of negligence is normally decided on a ‘but for’ basis, with the court asking the question ‘but for the negligence, would the claimant have sustained the loss complained of?’ However, cases [...]

By |2020-06-08T10:53:45+01:00June 8th, 2020|Student Case Blogs|

Does the Bolam test apply in cases of alleged misdiagnosis?

Muller v King’s College Hospital NHS Foundation Trust [2017] EWHC 128 (QB) Background When a patient brings a medical negligence claim against a healthcare professional, it must be determined whether the healthcare professional’s conduct has fallen below the standard required by their duty of care. The test for this was [...]

By |2020-03-23T14:45:10+00:00March 23rd, 2020|Student Case Blogs|

When Does A Doctor’s Conduct Fall Below The Standard Of Their Duty Of Care?

Doctoral Researcher Kirstie Shearman, reviews the case of Bolam v Friern Hospital Management Committee [1957] 2 All ER 118.  Background For a patient to bring a successful medical negligence claim, they must prove three elements: that the medical professional owed them a duty of care; that the duty of care [...]

By |2020-03-23T14:48:38+00:00May 17th, 2019|Personal Injury|
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