When ‘res ipsa loquitur’ works: real cases overview

medical malpactice casesRes ipsa loquitur doctrine is hard to base the arguments on in the court, and according to the polls among medical negligence solicitors, only 19% consider that using the doctrine is a reasonable in medical negligence practice. Nevertheless, there are cases when the plaintiff inflicted such damage that shows undeniable malpractice. In the case against the Voice of Cambridge Area Health Authority a patient suffered a brain injury due to the fact that he had a heart attack when he was under general anesthesia. The Court concluded that this was not supposed to happen under the described circumstances, and that therefore the accused had to provide an explanation of what happened that would prove the absence of criminal negligence in his actions.

The Canadian case of McDonald v. York County Hospital gives us the following example. In this case, the plaintiff was taken to hospital for treatment of ankle fracture and he went out of the hospital with an amputated leg. All the prerequisites of res ipsa loquitur doctrine were there: usually in such circumstances the patient does not lose his leg until clinical negligence takes place. The plaintiff could not explain what had happened and the accused could not explain it and the plaintiff have a doctor whose criminal negligence led to this injury. Continue reading “When ‘res ipsa loquitur’ works: real cases overview”

Claims and originating proceedings trends in London

uk legal servicesWhen looking through the archives posted at official UK government website, we have found out plenty of interesting correlations and statistics as for claims and originated proceedings issued in London by nature of proceedings. The statistics we have excavated touch the period starting from the year 2006 to the year 2012. So let us point the trends and tendencies findings we have managed to dig out.

As for the nature of proceedings around land and property industry, the obvious growth trend in the number of proceedings is observed. For example, contract of sale and purchase have jumped from 10 cases in 2006 up to 86 cases in 2012. Both landlord and tenant and mortgages and charges proceedings have experienced a rapid growth in the aforementioned period. The records went up from 3 and 1 cases in 2006, up to 63 and 56 cases in 2012 accordingly. Another interesting fact is that it seems that the nature of proceedings gets more uniform in land and property area: the amount of proceedings classified as ‘other’ have been cut down from 1000+ cases to 190 cases in 2012. Continue reading “Claims and originating proceedings trends in London”