Legal commentary by Jonathan Godfrey on the case of Hazel Kennedy v Dr Jonathan Frankel  EWCH 106 (QB)
A legal commentary on the case of Hazel Kennedy v Dr Jonathan Frankel  EWCH 106 (QB) by barrister, Jonathan Godfrey, is featured in AvMA’s ‘Experts’ Newsletter’ December 2019 (see link at page 15).
The case concerns a Claimant who consulted with the Defendant, a Consultant Neurologist, on a private basis regarding tremors in her left upper arm. The Defendant - who happened to be a former colleague of her husband (also a Consultant Neurologist) – diagnosed Parkinson’s Disease for which he prescribed dopamine agonist. This caused serious psychiatric side effects including ICD (Impulse Control Disorder) and psychosis.
The issues arising from the judgment include:
- The practical application of the legal principles on informed consent enunciated in Montgomery and Duce relating to the complex factual issues posed in relation to breach of duty and causation.
- The importance of instructing the most appropriate expert. The case was based upon the standard of care required of a consultant neurologist with a sub-specialism in movement disorders.
- Despite the best and most reasonable intentions of providing this expertise privately and without charge, it did not alter the duty of care that the Defendant owed to the Claimant.