Download Medical Law Brief - January 2009 - Kennedys

8 January 2009
Medical Law Brief January 2009
Kennedys wishes all readers of Medical Law Brief a Happy New
Year.
Case Law
S v Dr Raymond Kaplan [2008] LTLPI 4.12.08
Claimant attended Defendant’s surgery for dental implant to fill a gap in his mouth at
LL6. Implant was attached to an artificial tooth by an extra piece of artificial material
and protruded to an angle from side of gum towards Claimant’s tongue. Claimant
complained of uncomfortable feeling and inability to chew on left side. He was advised
that the implant was inserted at such an angle due to previous bone loss and that
discomfort was an occlusal problem. Claimant could not endure the artificial material
hanging over tongue and Defendant fitted a bridge from LL5 to LL7, removing the
artificial material. Claimant was unable to bite down without discomfort however
Defendant concluded that problem was with Claimant’s bite.
Key Contacts
Janet Sayers
0207 667 9270
Mary Menjou
01223 533 070
9 months later, Claimant consulted a different dentist as LL7 had become symptomatic
and left side of his face was swollen. The bridge had become infected and was
removed. Claimant was given strong antibiotics and subsequently underwent root canal
treatment. He would require bone grafting, further implant and repair to LL5 & LL7.
Claimant alleged Defendant had negligently failed to obtain proper consent to the
implant treatment, place the implant correctly or advise as to nature and risks of
treatment. Liability admitted however entitlement to costs of original treatment
disputed.
Out of court settlement: £17,000 (estimated General Damages £7,000).
Case Commentary
Omar Gossland v The East of England Strategic Health Authority
[2008]
Mary Menjou and Margaret Duncan report on a recent cerebral palsy case, successfully
defended at trial on liability issues, highlighting the way in which the medical experts
dealt with the issues.
Click here to read the full case summary.
For further information contact Mary Menjou on 01223 553070 or Margaret Duncan on
01223 553065.
Legislation / Statute / Regulation
The Mental Health Act 1983 (Independent Mental Health
Advocates)(England) Regulations 2008
Section 130A of the Mental Health Act 1983 (c.20) ("the Act") provides that the Secretary
of State shall make arrangements to enable Independent Mental Health Advocates
(IMHAs) to be available to help qualifying patients. These Regulations contain provisions
about the arrangements for the appointment of IMHAs and as to who can be appointed
to act as an IMHA. The Regulations come into force on 01.04.09.
The Kennedys Healthcare
team are based at
25 Fenchurch Avenue, London
EC3M 5AD
Tel: 020 7667 9667.
Terrington House, 13-15 Hills
Road, Cambridge CB2 1NL
Tel: 01223 533 070.
If you would like further
information on our Healthcare
team, go to our website
Full text is available on the Office of Public Sector Information website.
Vulnerable people to get better protection
Guidelines published by the Office of the Public Guardian (OPG) are intended to help
vulnerable adults when responding to concerns about those taking decisions on their
behalf. They also outline the roles of the OPG, Court of Protection and local authorities,

describing how they should respond to adults lacking mental capacity.
Ministry of Justice 18.12.08
New professional regulator for pharmacy – draft Pharmacy Order
2009
A consultation paper invites comments on the draft order, which will establish a new
pharmacy regulator, (General Pharmaceutical Council), with statutory duties in line with
other professional regulators. The consultation process closes on 09.03.09.
Department of Health 09.12.08
News and Press
Chairman appointed to NHS Medical Education England
Sir Christopher Edwards has been appointed as the first chair of NHS Medical Education
England. The new organisation will provide ministers with independent advice on
planning future numbers of doctors, dentists, pharmacists and medical scientists and will
oversee their training.
Department of Health 18.12.08
European drugs to carry barcodes
The European Commission has announced a “pharmaceutical package” proposing that
medicines sold across the EU will require barcodes and other improved security devices
to help combat drug counterfeiting. The package will also, for the first time, permit
drug manufacturers to promote information about prescription only products direct to EU
citizens.
Financial Times 11.12.08
Brown refuses to back law allowing assisted suicides
The Prime Minister has reaffirmed his views that he will never support legislation
allowing assisted suicide. His comments follow a television documentary showing the
death of Craig Ewert, a motor neurone disease sufferer. The footage was the first to
show an assisted suicide including the moment of death.
Times 11.12.08
Guidelines issued for trusts buying surgical instruments
In December the NHS issued draft guidelines on ethical purchasing after becoming aware
that child workers in Pakistan produced some of the surgical instruments purchased. The
problem had not been highlighted previously due to the complex supply chains bringing
products into Europe.
Guardian 08.12.08