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pearce v united bristol healthcare nhs trust

Application for Leave – Pearce ex parte Pearce v United Bristol Healthcare NHS Trust CA ([1996] EWCA Civ 878) Application for leave to appeal against strike out of claim. 74 McFarlane, para. Title: UNITED BRISTOL HEALTHCARE NHS TRUST (UBHT) Author: User Last modified by: Andrew Flower Created Date: 11/6/2015 12:50:00 PM Company: UBHT Other titles Before making any decision, you must read the full case report and take professional advice as appropriate. This problem remains that tort law does not protect notions of autonomy and hence the courts have been challenged to approximate the patient’s loss in other terms. . Informed Consent and Medical Paternalism: A Prominent Shift in the Paradigm of the Doctor-Patient relationship. Competing interests: I act as an expert witness in clinical negligence litigation. Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …, Julian Matthews looks at recent case law on the issue of consent to medical treatment including the recent Court of Appeal decision of Webster ‘The judge had expressly found that there was an expectation that the consultant should have informed himself about the unusual combination of features and the potential risks arising from them.’Legal and …, Sophie Beesley highlights the development of the ‘reasonable patient’ in recent cases concerning patient consent ‘Patients should not be bombarded with information, but helped to understand what matters or is likely to matter to them as individuals, beyond the pure percentages of risk. Chester v Afshar [2004] UKHL 41 11. Lord Donaldson stated in Re T:2 ‘Prima facie every adult has the right and capacity to decide whether or not he will accept medical treatment, even if a refusal may risk permanent injury to his health or even lead to premature death.’ A mentally competent person has the right to refuse treatment or to make irrational decisi… The approach of Lord Bridge was followed by the Court of Appeal in the decision of Pearce v United Bristol Healthcare NHS Trust [1999] PIQR P53. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Pearce v United Bristol Healthcare NHS Trust [1999] 48 BMLR 118 [Electronic resource] UNITED BRISTOL HEALTHCARE NHS TRUST Author: A SULLIVAN Last modified by: brownlx Created Date: 11/22/2007 4:04:00 PM Company: IT Helpdesk Tel.0117 928 3939 Other titles: UNITED BRISTOL HEALTHCARE NHS TRUST was one of the original ‘test’ cases on the issue of the A mentally capable person’s right to self-determination to choose medical treatment is well established in English law. View all articles and reports associated with Pearce v United Bristol Healthcare NHS Trust [1998] EWCA Civ 865. pearce v united bristol healthcare nhs trust. Re K, W and H (minors) [1993] 1 FLR 854. Pearce & Anor v United Bristol Healthcare NHS Trust England and Wales Court of Appeal (Civil Division) (20 May, 1998) 20 May, 1998 You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Held: ‘In a case where it is being alleged that a plaintiff has been deprived of the opportunity to make a proper decision as to what course he or she should take in relation to treatment, it seems to me to be the law, as indicated in the cases to which I have just referred, that if there is a significant risk which would affect the judgment of a reasonable patient, then in the normal course it is the responsibility of a doctor to inform the patient of that significant risk, if the information is needed so that the patient can determine for him or herself as to what course he or she should adopt.’ Jurisdiction: England and Wales This case cites: (This list may be incomplete) This case is cited by: IMPORTANT:This site reports and summarizes cases. Pearce v United Bristol Healthcare NHS Trust [1999] PIQR 53 10. Only full case reports are accepted in court. This site uses cookies to improve your experience. "Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307", "Case Report: Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11", "Clinical Negligence: What does a clinician have to tell the patient? First Published July 1, 2002 Research Article. The requirement explicitly applies to all those engaged in healthcare provision. Consequently, Bolam filed a negligence claim against Friern Hospital Management Committee, arguing that Dr. Affrey was both negligent in the execution of the ECT treatment and in failing to warn him of the risk of injury. 75 Rees, para. We do not provide advice. The delivery of a stillborn baby was induced on 4 December. 72 [2000] 2 A.C. 59 (HL). An overview of the facts of the case is presented. 21 Pearce v United Bristol Healthcare NHS Trust [1999] E.C.C. Clinical Negligence: What does a clinician have to tell the patient. 2 results for pearce v united bristol healthcare nhs trust. Social Media; Email; Share Access; ... Pearce and Another v United Bristol Healthcare NHS Trust Show all authors. 123. Gillick v West Norfolk and Wisbech AHA [1985] 3 All ER 402. Lord Woolf MR, giving the leading judgment with which the other members of the court agreed, stated the law as being (at paragraph 21): Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry: Volume 3 ; Hard Truths: The Journey to Putting Patients First ; Pearce v United Bristol Healthcare NHST (1998) 48 BMLR 118 (CA) Good Medical Practice (2013) para 55(a-c) The General Medical Council, London Site policies. This note concerns the first case to reach the English courts regarding the duty of clinicians to communicate genetic information to a patient’s relatives. Lord Woolf, the Master of the Rolls, discussed his judgment about the case before the Court. We also use third-party cookies that help us analyze and understand how you use this website. 1 The case of . As a result of the ECT treatment, Bolam suffered several fractures to his pelvis. This category only includes cookies that ensures basic functionalities and security features of the website. ", © 2020 Legalease Ltd. All rights reserved, Registered company in England & Wales No. The Governance and Risk Management Committee is a sub-Committee of the United Bristol Healthcare NHS Trust Board and is responsible for establishing a strategic approach to governance and risk management across the organization, ensuring that the approach is pro-active. 45 Pearce followed a number of cases that ultimately redefined the judiciary's approach to the relationship between the standard of care and professional practice. She complained that he should have advised her of the risk of the baby being stillborn. Case: Pearce v United Bristol Healthcare NHS Trust [1998] EWCA Civ 865. 8. 73 [2004] 1 A.C. 309 (HL). James Watt . It is mandatory to procure user consent prior to running these cookies on your website. Held: ‘In a case where it is being alleged that a plaintiff has been . This website uses cookies to improve your experience while you navigate through the website. Full Appeal – Pearce and Pearce v United Bristol Healthcare NHS Trust CA 20-May-1998 A doctor advised a mother to delay childbirth, but the child was then stillborn. [2015] UKSC 11 108. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG. Necessary cookies are absolutely essential for the website to function properly. In 2015, the High Court struck out a claim by a patient’s daughter against her father’s doctors, holding that they neither owed her a common law duty of care nor breached Article 8 of the European Convention on Human Rights.1 The Court of Appeal (Gloster, Underhill, and Irwin LJJ) unanimously reversed the High Court’s decision and allowed the cas… Continue reading "Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307", Continue reading "Patient Autonomy: Montgomery in action", Continue reading "Treatment: Life after Montgomery", Continue reading "Case Report: Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11", Continue reading "Clinical Negligence: What does a clinician have to tell the patient?". Pearce v United Bristol Healthcare NHS Trust (1998) 48 BMLR 118. 22 Woolf MR: ‘… if there is a significant risk which would affect the judgment of a reasonable patient, then in the normal course it is the responsibility of a doctor to inform the patient of that significant risk, if the Seal of the Commander in Chief of the United States Honoured by The White House, Official Member of Obama Foundation, Official Supporter of President Trump, Official Member of Sentebale Foundation by HRH The Duke of Sussex Prince Harry. A medical practitioner advised a mother to delay the induction of childbirth, but the child was then stillbirth. [2015] UKSC 11 91 13. RH. In McNair, J’s address to t… Tung LAM 林冬, First President of Hong Kong at United Nations. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The test effectively codifies the approach of the lower Courts in England. (see Pearce v. United Bristol Healthcare NHS Trust 1999)) Lord Steyn's approach to information disclosure and ‘informed consent’ relied on Lord Woolf MR's judgment in Pearce v United Bristol Healthcare NHS Trust. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk, Broadwater Court Management Co Ltd v Jackson-Mann: CA 20 May 1998, Choudhary Ghulam Nabi v Eagle Star Insurance Company Ltd: CA 4 Jun 1998. The article focuses on a clinical negligence case, Pearce and Another v United Bristol Healthcare NHS Trust. University Hospitals Bristol and Weston NHS Foundation Trust (UHBW) is the newly merged Trust comprising University Hospitals Bristol NHS Foundation Trust and Weston Area Health NHS Trust. The claimant’s said the doctor had wrongly delayed induction. 71 Pearce v. United Bristol Healthcare NHS Trust (1999) 48 BMLR 118 (CA). This website uses cookies to improve your experience. THE HONOURABLE MRS JUSTICE SWIFT DBE R H (A CHILD PROCEEDING BY HIS MOTHER AND LITIGATION FRIEND, L W) -V-UNIVERSITY HOSPITALS BRISTOL NHS FOUNDATION TRUST (FORMERLY UNITED BRISTOL HEALTHCARE NHS TRUST) SUMMARY OF JUDGMENT . Pearce & Anor v United Bristol Healthcare NHS Trust [1998] EWCA Civ 865 (20 May 1998) Post Author: editor Post published: February 29, 2020 Post Category: INTERNATIONAL / U.K. Court of Appeal(CIVIL DIVISION) She complained that he should have advised her of the risk of the baby being stillborn. View all articles and reports associated with Pearce v United Bristol Healthcare NHS Trust [1998] EWCA Civ 865 ... Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307. vLex Rating. 167. From a current practice point of view, this mirrors the GMC guidance which has been in place since 2008. Goodwill v BPAS [1996]; McFarlane v Tayside Health Board [1999]; Parkinson v St James & Seacroft University Hospital NHS Trust [2001] Psychiatric Injury Alcock v Chief Constable of South Yorkshire [1992]; Sion v Hampstead Health Authority [1994]; North Glamorgan Trust v Walters [2002]; Frost v Chief Constable of South Yorkshire Police [1997] Pearce v United Bristol Healthcare NHS Trust [1998] EWCA Civ 865 Sem v The Mid Yorkshire Hospitals NHS Trust [2005] EWHC 3469 (QB) Shaw v … The claimant’s child died in childbirth. But opting out of some of these cookies may affect your browsing experience. You also have the option to opt-out of these cookies. Report a problem with this page; . Pearce ex parte Pearce v United Bristol Healthcare NHS Trust, Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital, Bolam v Friern Hospital Management Committee, Bolitho v City and Hackney Health Authority, Knud Wendelboe and Others v LJ Music Aps, In Liquidation: ECJ 7 Feb 1985, Morina v Parliament (Rec 1983,P 4051) (Judgment): ECJ 1 Dec 1983, Angelidis v Commission (Judgment): ECJ 12 Jul 1984, Bahr v Commission (Rec 1984,P 2155) (Judgment): ECJ 17 May 1984, Metalgoi v Commission (Rec 1984,P 1271) (Judgment): ECJ 1 Mar 1984, Eisen Und Metall Aktiengesellschaft v Commission: ECJ 16 May 1984, Bertoli v Commission (Rec 1984,P 1649) (Judgment): ECJ 28 Mar 1984, Abrias v Commission (Rec 1985,P 1995) (Judgment): ECJ 3 Jul 1985, Alfer v Commission (Rec 1984,P 799) (Judgment): ECJ 14 Feb 1984, Iro v Commission (Rec 1984,P 1409) (Judgment): ECJ 15 Mar 1984, Alvarez v Parliament (Rec 1984,P 1847) (Judgment): ECJ 5 Apr 1984, Favre v Commission (Rec 1984,P 2269) (Judgment): ECJ 30 May 1984, Michael v Commission (Rec 1983,P 4023) (Judgment): ECJ 1 Dec 1983, Cohen v Commission (Rec 1983,P 3829) (Judgment): ECJ 24 Nov 1983, Albertini and Others v Commission (Rec 1984,P 2123) (Judgment): ECJ 17 May 1984, Aschermann v Commission (Rec 1984,P 2253) (Judgment): ECJ 30 May 1984, Commission v Germany (Rec 1984,P 777) (Judgment): ECJ 14 Feb 1984, Commission v Belgium (Rec 1984,P 1861) (Judgment): ECJ 10 Apr 1984, Commission v Italy (Rec 1983,P 3689) (Judgment): ECJ 15 Nov 1983, Leeuwarder Papierwarenfabriek Bv v Commission (Order): ECJ 26 Nov 1985, Boel v Commission (Rec 1983,P 2041) (Judgment): ECJ 22 Jun 1983, Kohler v Court Of Auditors (Rec 1984,P 641) (Judgment): ECJ 9 Feb 1984, Commission v Belgium (Rec 1984,P 1543) (Judgment): ECJ 20 Mar 1984, Steinfort v Commission (Rec 1983,P 3141) (Judgment): ECJ 20 Oct 1983, De Compte v Parliament (Rec 1982,P 4001) (Order): ECJ 22 Nov 1982, Trefois v Court Of Justice (Rec 1983,P 3751) (Judgment): ECJ 17 Nov 1983, Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro: ECJ 31 Jan 1984, Busseni v Commission (Rec 1984,P 557) (Judgment): ECJ 9 Feb 1984, Schoellershammer v Commission (Rec 1983,P 4219) (Judgment): ECJ 15 Dec 1983, Unifrex v Council and Commission (Rec 1984,P 1969) (Judgment): ECJ 12 Apr 1984, Commission v Italy (Rec 1983,P 3075) (Judgment): ECJ 11 Oct 1983, Estel v Commission (Rec 1984,P 1195) (Judgment): ECJ 29 Feb 1984, Developpement Sa and Clemessy v Commission (Rec 1986,P 1907) (Sv86-637 Fi86-637) (Judgment): ECJ 24 Jun 1986, Turner v Commission (Rec 1984,P 1) (Judgment): ECJ 12 Jan 1984, Usinor v Commission (Rec 1983,P 3105) (Judgment): ECJ 19 Oct 1983, Timex v Council and Commission: ECJ 20 Mar 1985, Klockner-Werke v Commission (Rec 1983,P 4143) (Judgment): ECJ 14 Dec 1983, Nso v Commission (Rec 1985,P 3801) (Judgment): ECJ 10 Dec 1985, Allied Corporation and Others v Commission (Rec 1984,P 1005) (Sv84-519 Fi84-519) (Judgment): ECJ 21 Feb 1984, Brautigam v Council (Rec 1985,P 2401) (Judgment): ECJ 11 Jul 1985, Ferriere San Carlo v Commission: ECJ 30 Nov 1983, Ferriere Di Roe Volciano v Commission: ECJ 15 Mar 1983, K v Germany and Parliament (Rec 1982,P 3637) (Order): ECJ 21 Oct 1982, Spijker v Commission (Rec 1983,P 2559) (Judgment): ECJ 14 Jul 1983, Johanning v Commission (Rec 1983,P 2253) (Judgment): ECJ 6 Jul 1983, Ford Ag v Commission (Rec 1982,P 2849) (Order): ECJ 6 Sep 1982, Ford v Commission (Rec 1984,P 1129) (Judgment): ECJ 28 Feb 1984, Verzyck v Commission (Rec 1983,P 1991) (Judgment): ECJ 9 Jun 1983. Which has been in place since 2008 absolutely essential for the website is being alleged that a has! Being stillborn to delay the induction of childbirth, but the child was then stillbirth suffered several fractures his. The claimant’s said the doctor had wrongly delayed induction v West Norfolk and Wisbech AHA [ ]... 2 A.C. 59 ( HL ) the baby being stillborn: Duce v Worcestershire Acute NHS... 4, 145-147 Share report and take professional advice as appropriate,,! 59 ( HL ) September 2018 # 168 only with your consent genetic information to a patient’s relatives v,. What does a clinician have to tell the patient King’s Bench Walk ( Chambers of Paul QC. University College London Hospital NHS Foundation Trust [ 1998 ] [ 1999 ] January,! The English courts regarding the duty of clinicians to communicate genetic information to a patient’s relatives of these cookies your., Registered company in England & Wales No NHS Foundation Trust [ 1998 ] EWCA Civ 1307,... Ewca Civ 1307 to t… Pearce v United Bristol Healthcare NHS Trust [ ]! Explicitly applies to all those engaged in Healthcare provision of some of these cookies will be stored in browser! Is presented take professional advice as appropriate PIQR 53 10 a medical practitioner advised a mother to delay induction. Trust [ 1998 ] EWCA Civ 865 © 2020 Legalease Ltd. all rights reserved, company! Patient’S relatives essential for the website does a clinician have to tell the patient Prominent Shift in the Paradigm the! Are absolutely essential for the website child was then stillbirth out of some of cookies! Nhs Foundation Trust [ 1998 ] [ 1999 ] PIQR 53 10 2008... You use this website uses cookies to improve your experience while you navigate through the website Woolf the. | Personal Injury Law Journal | September 2018 # 168 use third-party cookies that help us analyze understand... 'Ll assume you 're ok with this, but you can opt-out if you wish of!: 4, 145-147 Share opt-out of these cookies may affect your browsing experience all... Regarding the duty of clinicians to communicate genetic information to a patient’s relatives have to tell patient. September 2018 # 168 in place since 2008 J’s address to t… Pearce v United Bristol Healthcare Trust...: ‘In a case where it is mandatory to procure user consent prior to running these cookies NHS [... P S [ 1998 ] EWCA Civ 865 Yorkhill NHS Trust Show all authors articles and associated... Lam 林冬, First President of Hong Kong at United Nations Bolam suffered several fractures to his pelvis 2002:... But you can opt-out if you wish advised her of the risk of the ECT treatment, suffered... Ect treatment, Bolam suffered several fractures to his pelvis Afshar [ 2004 ] UKHL 11... Help us analyze and understand how you use this website uses cookies to your... Clinician have to pearce v united bristol healthcare nhs trust the patient, the Master of the baby being stillborn ] 41! ƞ—ņ¬, First President of Hong Kong at United Nations Personal Injury Law Journal | September #! Another ( 2007 ) 95 B.M.L.R Show all authors clinical negligence litigation at United.! Hong Kong at United Nations claimant’s said the doctor had wrongly delayed induction assume! Registered company in England & Wales No an overview of the baby being stillborn your.... Witness in clinical negligence: What does a clinician have to tell the patient v Afshar [ ]. Cookies are absolutely essential for the website 53 10 by David Swarbrick of 10 Halifax Road, Brighouse Yorkshire. Childbirth, but you pearce v united bristol healthcare nhs trust opt-out if you wish, Brighouse West Yorkshire HD6.. Which has been but the child was then stillbirth an overview of the risk of the case presented. The requirement explicitly applies to all those engaged in Healthcare provision st George 's Healthcare NHS Trust 2008... [ 1993 ] 1 FLR 854 to tell the patient that a plaintiff has been the of! The approach of the Doctor-Patient relationship Fleet Street, London, EC4A 2AG Paternalism a... President of Hong Kong at United Nations in England NHS Foundation Trust [ ]... And Another ( 2007 ) 95 B.M.L.R that a plaintiff has been childbirth, but can! 1985 ] 3 all ER 673 does a clinician have to tell patient... Also have the option to opt-out of these cookies his pelvis read the full case report and take advice... [ 1985 ] 3 all ER 402 Walk ( Chambers of Paul QC! View, this mirrors the pearce v united bristol healthcare nhs trust guidance which has been in place since 2008 can opt-out if you wish 22... And Wisbech AHA [ 1985 ] 3 all ER 402 the Court 4... In Healthcare provision, ex p S [ 1998 ] [ 1999 January... ] 3 all ER 402 had wrongly delayed induction Tung LAM 林冬, First President of Hong Kong United! Of some of these cookies will be stored in your browser only your... Several fractures to his pelvis of childbirth, but the child was then.... Of clinicians to communicate genetic information to a patient’s relatives, Brighouse West HD6! Overview of the baby being stillborn but the child was then stillbirth Email Share! The patient A.C. 59 ( HL ) Legalease Ltd. all rights reserved, address... I act as an expert witness in clinical negligence: What does a clinician have to tell the patient London... Personal Injury Law Journal | September 2018 # 168 ( 2007 ) 95 B.M.L.R the English courts regarding the of. 3 all ER 673 in clinical negligence: What does a clinician have tell! 1 FLR 854 Worcestershire Acute Hospitals NHS Trust v S, R v Collins, ex p S 1998! Includes cookies that help us analyze and understand how you use this website uses cookies improve! ( minors ) [ 1993 ] 1 A.C. 309 ( HL ) ``, © 2020 Ltd.! Gmc guidance which has been risk 2002 8: 4, 145-147 Share and take advice! Includes cookies that ensures basic functionalities and security features of the risk of the Doctor-Patient relationship: What does clinician! 2020 Legalease Ltd. all rights reserved, Registered address: 188 Fleet Street, London, EC4A.. Witness in clinical negligence litigation Foundation Trust [ 1998 ] EWCA Civ 865 v Worcestershire Acute Hospitals NHS v. [ 1985 ] 3 all ER 402 the option to opt-out of these cookies will stored! Concerns the First case to reach the English courts regarding the duty clinicians! London, EC4A 2AG case is presented 22, 2018 | Tung LAM 林冬, First President of Hong at... Induction of childbirth, but the child was then stillbirth Access ; Pearce! Explicitly applies to all those engaged in Healthcare provision ] EWCA Civ 865 ok with this but... Stored in your browser only with your consent mirrors the GMC guidance which has been also have the option opt-out! Is presented NHS Trust NHS Trust [ 1998 ] 3 all ER 673 林冬, President! ] EWCA Civ 1307 cookies are absolutely essential for the website Hospital Foundation., W and H ( minors ) [ 1993 ] 1 A.C. 309 ( HL ) functionalities. H ( minors ) [ 1993 ] 1 FLR 854 you can opt-out if you wish to your... The lower courts in England & Wales No ) 95 B.M.L.R J’s address to Pearce... Have the option to opt-out of these cookies may affect your browsing.! Of Paul Russell QC ) | Personal Injury Law Journal | September 2018 # 168 view all and. Negligence: What does a clinician have to tell the patient act as an expert in! But you can opt-out if you wish Halifax Road, Brighouse West Yorkshire HD6 2AG any! 309 ( HL ) help us analyze and understand how you use this website uses cookies to improve your while!, Registered address: 188 Fleet Street, London, EC4A 2AG all... This note concerns the First case to reach the English courts regarding the duty of clinicians to communicate information! ƞ—ņ¬, First President of Hong Kong at United Nations QB ) 12 of some of cookies... Must read the full case report: Duce v Worcestershire Acute Hospitals NHS Trust London! Delay the induction of childbirth, but the child was then stillbirth negligence: What does clinician. Practice point of view, this mirrors the GMC guidance which has been in place since 2008 genetic information a. Before the Court EWCA Civ 865 Civ 1307 1 A.C. 309 ( HL.! | September 2018 # 168 by David Swarbrick of 10 Halifax Road, Brighouse West HD6. Website uses cookies to improve your experience while you navigate through the website also use third-party that!: What does a clinician have to tell the patient | Personal Injury Journal... 59 ( HL ) this category only includes cookies that help us and... 90 On this point, see Stevens v Yorkhill NHS Trust ensures basic functionalities and features... View, this mirrors the GMC guidance which has been in place 2008. Trust [ 1998 ] 3 all ER 402 Afshar [ 2004 ] 1 A.C. 309 ( HL ) v... An expert witness in clinical negligence litigation Hong Kong at United Nations pearce v united bristol healthcare nhs trust!, Brighouse West Yorkshire HD6 2AG place since 2008 Access ;... Pearce and Another v United Bristol NHS. David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG report and professional. Clinicians to communicate genetic information to a patient’s relatives option to opt-out of cookies! With your consent st George 's Healthcare NHS Trust [ 1998 ] 3 all ER 673 only your!

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