This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
It must be disconcerting for anyone working in the NHS to read of the nation’s adoration of the service, and then see how NHS-bating has become a national sport. Hidden away from the limelight of the Response to the Francis report is a small example of the relentless scrutiny faced by healthcare practitioners in the form of the Court of Appeal judgment in R (Sreedharan) v Coroner for Greater Manchester [2013] EWCA Civ 181. There are a number of important lessons in this case, not least that the scope and intensity of an inquest involving healthcare issues can still be an intimidating arena for Trusts and their staff.
Monitor has issued its latest guidance “Quality Governance:
How does a board know that its organisation is working effectively to improve patient care?”
The Guidance is addressed to boards of NHS provider organisations.
However, it has application across a range of functions, including senior management, internal and clinical audit, and clinical and nursing services.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
The Government has issued its initial response to the Francis Report of the Mid-Staffordshire NHS Foundation Trust Public Inquiry. It sets out a five point plan intended to herald an end to failure and a call for excellence. This article gives a summary of what the plan will cover.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Welcome to the February 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.
In a follow-up to our recent alert on the report of the Mid Staffordshire NHS Foundation Trust Inquiry, Julian Hoskins discusses the practical impact of the report on workforce issues, in a Q&A with Carlton Sadler - the Bevan Brittan Senior Associate who led the team advising one of the core participants in the Inquiry, the Care Quality Commission.
This article covers key tips on how to prepare a statement in order to best assist the Coroner in the context of an Inquest.
Decisions not to attempt resuscitation can generate a great deal of controversy. This article focuses on the competing tensions, guidelines and points of consideration in this complex and challenging area.
This article examines the legislative framework as well as setting out the questions and issues NHS organisations should ask themselves in order to comply with the Equality Act legislation.
The challenge for all is to create real and lasting differences in the health and social care spectrum. This article examines some common themes about achieving change
Governance was a central theme of Robert Francis QC’s report on the failings at Stafford Hospital. While Foundation Trust boards and various regulators bore the brunt of the criticisms, the report also has implications for Foundation Trust governors.
The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford Hospital. Among many problems highlighted the report identifies:
- A lack of openness to criticism
- A lack of consideration for patients
- Defensiveness
In his introduction to the report Robert Francis QC makes the point that the failure at Mid Staffordshire was “primarily caused by a serious failure on the part of a provider Trust Board. It did not listen sufficiently to its patients and staff or ensure the correction of deficiencies brought to the Trust’s attention. Above all, it failed to tackle an insidious negative culture involving a tolerance of poor standards and a disengagement from managerial and leadership responsibilities.”
The buck stops with the Board, and some of the wide-ranging recommendations set out in the report will have a direct impact on Board composition, conduct and performance.
The Francis report makes challenging reading for commissioners. It is clear that although the successive reforms to the NHS may have amounted to mitigating circumstances, the commissioners, and indeed other interested parties, failed to take adequate steps to prevent the problems at Mid Staffordshire, or to uncover and prevent them from continuing. The report recognises that the system is on the cusp of change but “the experience of Stafford shows an urgent need to rebalance and refocus commissioning into an exercise designed to procure desired standards of service for patients as well as to identify the nature of the service to be provided”.
As Mr Francis QC points out in the report, much has been said about whistleblowing during the Inquiry, and much has been written about it since the Inquiry concluded. It is clear from the report that, while Mid Staffordshire had in place a whistleblowing policy and procedure, it faced serious difficulties in the implementation of that policy.
Robert Francis QC's report today heralds the conclusion of possibly the largest ever public inquiry into the regulation of healthcare in this country. The report is extensive, running to 1782 pages and making 290 recommendations.The findings and recommendations in the report are of fundamental significance not only for the NHS but also beyond.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
With the final report on the Mid Staffordshire Trust due out on 6 February, it is increasingly important for commissioners to understand the implications generally of this type of issue for them and how their role can assist in early detection and dealing with problems which can arise.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Robert Francis QC’s report into the Mid Staffordshire Inquiry is due to be issued to the Secretary of State in January 2013.
Whilst the Inquiry’s detailed findings and recommendations are awaited, an examination of the evidence identifies a range of themes to which the sector should have regard in anticipation of the final report and beyond. In this alert, we focus on the theme of the effectiveness of provider boards.
In this alert, we focus on the related quality governance themes of organisational culture and the structures for quality governance and learning to enable organisations to consider these and possible future developments in advance of the Inquiry’s report.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
There is much anticipation and expectation for Robert Francis QC’s report into the Mid Staffordshire Inquiry. The latest announcement of delay in the issuing of the report (which is now due in early January) means that it will not live up to its previous billing by the Health Service Journal as “the most important NHS event of 2012”, but it could well make it the headline act of 2013.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Many will now hopefully have seen the NHS Litigation Authority 10 Years of Maternity Claims Report released on 26th October 2012 and had an opportunity to reflect on the considerable press coverage which followed. Described by David Richmond, RCOG Vice President (Clinical Quality) as "a serious wake-up call to all with responsibilities in providing maternity care" the report analyses maternity claims reported to the NHS LA as at 1 April 2010 (from incidents which occurred between 1 April 2000 and 31 March 2010) and is essential reading for those involved with the delivery of care.
Our usual review of interesting cases that have caught our attention.
In nomine Patris, et Filii, et Spiritūs Sancti. Musketeers. Bee Gees. Wise men. Whether it is the Trinitarian formula, Dumas’ swashbuckling heroes, the brothers Gibb or gift-bearing Magi from the East, many good things undeniably come in threes. With this in mind, what follows should be read as the third - and final - instalment of my series of articles on the progress of the Jackson reforms, tracing developments from the publication of Sir Rupert’s final report in December 2009 to the cusp of implementation.
The Ministry of Justice has launched a consultation into how the discount rate used to determine the amount of future losses in personal injury claims should be set. The fundamental issue at the heart of the consultation is the extent to which seriously injured Claimants should be regarded as a special class of citizens who require a higher level of financial protection than the rest of society.
Joanna Lloyd, puts a number of questions to the new Chief Executive of the NHS Litigation Authority, Catherine Dixon. Catherine was previously General Counsel and Company Secretary at the NSPCC, working as part of the Executive Team.
Robust record keeping is vital to patient safety, quality of care and the demands of clinical governance. Inadequate medical records mean that some litigation claims cannot be properly defended and need to be settled out of court.
This article by Georgia Ford and Claire Bentley looks at some of the key issues that health professionals need to be familiar with in order to properly fulfil their duties to patients and to protect themselves and their employer.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Capacity and agreements to settle – Joanne Dunhill (by her litigation friend Paul Tasker) v Shaun Burgin [2012] EWCA Civ 397// Limitation periods - John Charles Roberts v Commissioner of Police of the Metropolis [2012] EWCA Civ 799// Findings of fact – Audrey Burnett v Lynch [2012] EWCA Civ 347// Claimant’s request for adjournment of trial due to solicitor ceasing to act – Bowden v Homerton University Hospital NHS Foundation Trust [2012] EWCA Civ 245
The law relating to consent is of central importance to patients, clinicians and those who act for them because it protects the ethical principle of autonomy, the right of individuals to have the final say about what is or is not done to their bodies. The courts take a dim view of treatment that is provided without a patient’s consent, and the clinician who ignores a patient’s wishes risks, in the very worst circumstances – where consent is not just uninformed but entirely vitiated as unreal – a finding of battery.
Dealing with complaints effectively throughout the NHS is fundamental to maintaining the confidence of patients in relation to its performance, efficiency, quality and safety of care.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Ed Duckworth takes a look at the recent health claim cases, including: Res Ipsa Loquitur in Clinical Negligence – Thomas v Curley [2011] EWHC 2103(QB); Successive causes and causation; Loss of chance - Wright v Cambridge Medical Group [2011] EWHC Civ 669; Causation and contribution – Dalling v Heale & Co [2011] EWHC Civ 365; and Deferring assessment of damages - Cook v Cook [2011] EWHC 1638 (QB).
Whilst Cauda Equina Syndrome is a relatively rare condition, it is a fairly common source of Clinical Negligence claims. In this article Jonathan Fuggle explores some of the issues that commonly arise when dealing with CES claims.
On 26 January, the Department of Health published the long-awaited industry review by Marsh. The purpose of the review was to consider...
Supreme Court Judgment in Rabone v Pennine Care NHS Trust clarifies law on Article 2, The Right to Life.
Claire Bentley considers how healthcare professionals should respond when in challenging conversations with patients who feel their life is unendurable and wish to explore assisted suicide.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Nicola Pegg provides our usual round-up of interesting cases, including a look at whether a Claimant can sell a claim to someone else to pursue and more judicial support for standing firm against over-inflated claims.
If yes, it will be illegal to be involved in this activity without a licence from 27 August 2012 - Are you prepared?
The number of litigants in person is on the rise according to The Personal Support Unit (PSU), a voluntary organisation which provides support to litigants in person. They have reported that such cases in the Manchester Civil Justice Centre are up by 89% in the four months to 30 September compared with 2010.
Julie Charlton sets out a quick brainteaser on various aspects of managing claims, for when you have a spare 10 minutes.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
A review of the recent case law on Part 36 offers.
Few would take issue with a statement that the NHS and its associated parts need to be trusted to maintain the confidentiality and security of personal information. The principles of information security require that all reasonable care is taken to prevent inappropriate access, modification or manipulation of data. In the NHS, the most sensitive data is, of course, patient record information.
Sian Morgan reviews the best way to approach investigating cases alleging hospital acquired infection.
“The law is reason, free from passion” (Aristotle) - or perhaps not if you are a clinician accused of negligence.
Obtaining good factual evidence is essential for the successful defence of a claim. The key to obtaining that evidence is effective and empathetic communication with the doctors, nurses or midwives who were involved in the care of the patient and from whom we seek factual evidence.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
In this month's cases round-up, Ed Duckworth looks at some further developments on Part 36 offers, how easy it is to change experts and whether a potential Claimant can sell their claim on.
Defendants often feel that claims they are presented with are excessive and, occasionally, potentially fraudulent. Recent case law indicates that Judges are not always sympathetic towards allegations by Defendants of fraud or exaggeration (see below). Such allegations need to be pleaded in a Defence supported by a statement of truth so this is not a step which will be taken lightly. It is therefore crucial that attempts are made to resolve any quantum disputes before trial and to ensure that ample evidence is obtained. This article describes the steps that can be utilised to dispute heads of loss that do not add up.
At a time when British women take up the mantle of being the fattest in Europe and NHS Trusts are criticised for a failure to tackle their own staff’s obesity, here are 3 cases arising from the impact of the obesity epidemic not only on the NHS but also further afield...
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Many will remember the discussions that took place a couple of years and more ago now, with the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. Whereas previously proof was needed that a “directing mind” of an organisation was personally guilty of manslaughter; now an organisation will be guilty of an offence if Senior Managers manage its activities in a way that causes a person’s death and amounts to a gross breach of a relevant duty of care. By focusing more on the collective actions of senior management, the Act ultimately makes it easier to prosecute organisations.
Police officers can exert considerable pressure on NHS staff to disclose confidential patient information. A thorough understanding of professional guidance and best practice is essential in order to avoid criticism or legal action.
Claire Bentley and Jane Bennett look at the issues that front line staff should be considering when dealing with police requests for information.
The High Court has recently ruled in favour of a Primary Care Trust in relation to a decision concerning the allocation of scarce resources in R (Condliff) v North Staffordshire PCT. This article examines the case itself and provides some practical lessons to be learnt from it.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
In this article, Ceri Catton reviews a recent Healthcare Ombudsman’s report which calls for institutional changes in the NHS which was said to be failing to provide even basic standards of care to elderly patients. Ceri Catton examines the reasons for this and how the NHS can change its approach to elderly patients.
Nicola Pegg takes a look at the following cases: Jones v Kaney 2011; Annie Rachel Woodland (by her Father & Litigation Friend Ian Woodland) v Beryl Stopford (1) Deborah Maxwell (2) Swimming Teachers Association (3) (2011); Alexander v O’Brien (2011); XYZ v Portsmouth Hospitals NHS Trust (2011); and Tavenor Joe Douglas (A Litigation Friend William Robertson) v Matthew James O’Neill (2011).
We will all be familiar with CPR 35.4, which states that no party may call an expert or put in evidence an expert’s report without the court’s permission. Where an expert has been identified and their report is disclosed post proceedings, then to change the identity of their expert, a party must apply to the Court.
29 March is remembered for several important events in history: the day on which the last US combat troops departed South Vietnam in 1973; the day in 1886 on which Dr John Pemberton brewed the first ever batch of Coca-Cola in his Atlanta back-yard; and the day, in 1981, that thousands of people ran, limped and sweated their way through the inaugural London Marathon. All notable occurrences, justly recorded and remembered. But for those of us defending NHS Trusts against clinical negligence actions, the date will be remembered for another reason: as the date the Government announcing the death knell for ‘no-win, no-fee’ CFAs which have been such a blight on the litigation landscape for the last decade or so.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month. Items are set out by subject, with a link to where the full document can be found on the internet.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
In this article, Ed Duckworth reviews a recent development on quantum, and why awards for loss of earnings can now be much higher than you might expect. Whilst this may seem a little bit dull, the figures at the end make it worthwhile reading about!
Ed Duckworth reviews recent claims cases.
Clinical negligence claims concerning delays in diagnosing compartment syndrome have a reputation for being difficult to defend. In this article Jonathan Fuggle explores some of the difficulties faced by clinicians.
Court applications relating to service of proceedings are a regular feature of the Court diary and the last few months have proved to be no exception. In this article I have highlighted three recent cases; one addressing a failure to serve the Particulars of Claim and the other two consider the consequences of failure to serve the Claim Form. The cases raise points to consider when a Claim Form lands on your desk …..or not!
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Damages for successful Claimants in serious personal injury and clinical negligence cases could soon be dramatically increased, following confirmation from the Lord Chancellor, Ken Clarke, that he would reconsider the level of the discount rate in claims for personal injury compensation.
The release of Sir Rupert Jackson’s Final Report on civil litigation costs earlier this year led to a flurry of articles speculating on the likely implications of his recommendations. The Government has now (15 November 2010) published its Consultation Paper seeking views on the key recommendation that CFA success fees and ATE insurance premiums should no longer be recoverable from the losing party.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Having handled claims arising out of obstetric alleged negligence for almost 10 years, I felt that I had a pretty good idea of what went on in a maternity unit. When we were therefore approached by one of our local Trusts and asked as to whether or not spending some time shadowing their consultants would be of interest, I was polite but slightly sceptical.
Nicola Pegg reviews recent clinical negligence case updates.
The obligations that Article 2 of the European Convention on Human Rights (ECHR) places on NHS Trusts has been considered by the courts in two recent cases, Savage v South Essex Partnership NHS Foundation Trust and Rabone v Pennine Care NHS Trust.
When preparing a statement for the Coroner, Mr A raised a concern that, although the cause of death of Mrs X was clostridium difficile, a review of her notes demonstrated that there may have been a missed opportunity to diagnose cancer. This was many months previously, but it was arguable that the delay in diagnosis had led to more extensive surgery with increased chances of infection (which had materialised), leading to antibiotics and ultimately c.diff.
The Ministry of Justice has published, on 23 September 2010, its third summary of the reports by Coroners to it under Rule 43 of the Coroner’s Rules 1984 and the responses to those reports by the reported organisations. It bears thorough reading as it makes clear the trends in reporting by coroners and the issues requiring such reports.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
On 12 July 2010 the Government issued its White Paper "Equity and excellence: Liberating the NHS" which states that all NHS trusts
will become or become part of a Foundation Trust within the next 3 years.
The Revisions to the NHS Operating Framework 2010/11 published by the Department of Health on 21 June 2010 confirm the new Government's intention to progress the Transforming Community Services Agenda and cement the timeframe which has to be met.
In this month's digest we highlight the following developments of interest:
- Contract management: National Audit Office Report on the performance of hospital PFI projects
- Professional negligence: Overvaluation not negligent despite errors
- Construction Projects: Recovering costs and losses from professional advisers
- Time limit for making claim for loss and expense held to be a condition precedent.
- Entire agreement clause did not prevent rectification
- Why you should question offers which seem too good to be true
- Withdrawal of Part 36 offer
- 74 hours delay in delivering Decision made adjudicator's Decision unenforceable
- The importance of complying with contractual notice provisions
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This Update prepared by
Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Our round up of recent cases by Yasmin Allan including ‘door of court’ settlement advice, expert witness immunity and injuries suffered during sporting activities.
Catherine Radford explores the relationship between patient responsibility and contributory negligence.
From 1st April 2010 all providers of assessment or medical treatment for persons detained under the Act will need to be registered with the The Care Quality Commission ("the Commission") who is the new regulator for health and adult social care services.
Tracey Lucas looks at the resultant factors from the implementation of the Health Act 2009.
This article highlights the new published guidance and increased penalties incurred for breaches of the Data protection Act (“DPA”).
This article sets out the impact of the Human Rights Acts 1998 on worldwide health services. It looks at the evidential consequences since the act was first established.
This Update prepared by
Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
The Family Health Services Appeals Authority was abolished on 18 January 2010 and its functions transferred to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal. This Update informs PCTs of the transitional arrangements for cases that are pending on the date of transfer and for new cases after that date, and advises them on the practical steps that they should take.
The functions of the FHSAA will transfer to the Health, Education and Social Care (HESC) Chamber of the First-tier Tribunal in January 2010. This article summarises the effect of the changes for PCTs' List Management functions and activities, sets out their practical implications, and advises PCTs on the steps that they should now take in light of these changes.
This Update prepared by Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
This case concerns a claimant who fell down a staircase at work, but concealed from medical experts she had a previous back injury and exaggerated her condition to increase her compensation
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
How many experts does it take to deliver a baby? Our round-up of recent cases.
Nicola Pegg reviews the recent case law post-Chester and suggests that the bar has been raised on Consent.
Managing the un-managable: practical tips on dealing with Litigants in Person by Laura Hartwell and Julie Charlton.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Good news on interim payments.
Julie Chappell reviews the eligibility for state assistance available to injured patients
A review of R (on the application of Purdy) v DPP (2009) UKHL 45
& DPP Guidelines.
Not harming patients has been a key principle of professional medical practice for centuries. The NHS does a great deal of good. In England it is estimated to have contact with about a million people every 36 hours without causing harm to the vast majority. Nevertheless, patient safety remains a concern. So do Coroners have a role to play in making patients safer?
Our regular update of recent cases by Georgia Ford, including extensions of time for serving Claim Forms, CFA success fees and excluding a clinician from the workplace.
This Update prepared by Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
We have seen a number of new cases arising from late service of Claim Forms and this summary is intended to provide some clarity into an area which has seen too much needless change in the writer's view.
Requests under the Freedom of Information Act 2000 (FOIA) for disclosure of Serious Untoward Incident reports (SUIs) and, in particular the witness statements collected as part of SUI investigations, have become an increasingly common occurrence.
An Overview of the "new" Constitutional Framework.
The regulation the health and social care sector has never been as much in the public eye, for example the attention given to the failings at the Mid Staffordshire Foundation Trust. There is also a new regulator, the Care Quality Commission (“CQC”), for the first time charged with ensuring essential levels of safety and quality across the entire health and social care sectors.
This update prepared by Claire Benltey contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Bevan Brittan submissions to the Jackson Civil Litigation Costs Review
Excessive questioning and delay by Trial Judge, Limitation discretion in Sex Abuse cases and Malicious Falsehood
The House of Lords decision of Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 on 10 December 2008 left ambiguity regarding the application of Article 2 (ECHR) in relation to non-detained patients.
Since the Savage v South Essex NHS Trust [2008] UKHL 74 judgment last year left ambiguity regarding the application of article 2 in relation to non-detained patients, the case to clarify the issue has been long awaited and came recently with the handing down of the judgment of Rabone v Pennine Care NHS Trust [2009] EWHC 1827 (QB).
The summer is upon us, the England cricket team have beaten Australia at Lords, and potential readers of the Lord Justice Jackson Review of Civil Litigation Costs may be forgiven for reaching for the Pimms rather than this 679 page tome. However, those who favour summer idling will miss out on an interesting and important analysis of the relationship between costs and access to justice in clinical negligence.
A round-up of recent cases by Nicola Robinson and Jonathan Fuggle including Part 36, wasted costs and CFAs.
Breast cancer affects more than 1 in 10 women (and a very small number of men) and is one of the most common causes of medical negligence actions. Breast cancer claims arise mainly from a failure to diagnose and treat, but occasionally also from wrongful diagnosis (ie false positives).
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
The decision by the Co-operation and Competition Panel published 30 June 2009, on the face of it, is encouraging news for PCTs looking for merger options for their provider arms.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
A review of The Associate by John Grisham and the Preliminary Report on the Review of Civil Litigation Costs by Lord Justice Rupert Jackson
At the Law Society Mental Health Act Conference on 30 April 2009, concerns were expressed at the number of Community Treatment Orders (CTOs) being made and the fact that this far exceeds the initial estimates by the Department of Health.
Long before Community Treatment Orders (CTO) came into force concerns were raised over possible infringements of human rights, in particular where conditions imposed as part of any CTO might be too restrictive. At the extreme end of the spectrum there will be cases where a patient under a CTO is or needs to be managed in circumstances amounting to a deprivation of liberty. The question is whether this is lawful and, if not, what can be done?
This article will review the implications of three linked applications for judicial review all concerning inquests into deaths in custody. At each inquest it was alleged that acts/ omissions on the part of the Prison Service had caused or contributed to the death. The investigative obligation under Article 2 (the Right to Life) was engaged in all.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Following a MOJ Consultation and amendments made by the CPR Rules Committee Matthew Trinder questions whether the use of Part 36 still holds out any advantages for Defendants...
As online social networking becomes the fastest addiction since the office worker discovered caffeine, Adam Dickinson seeks to raise awareness of the dangers Facebook may pose to companies, jobs and a person’s reputation.
Julie Charlton takes a look back at three claims cases over the last month.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month....
Assisted suicide is one of the most complex and controversial ethical issues of our time. The recent case brought by MS sufferer Debbie Purdy who wants to ensure that her husband is not prosecuted for helping her travel abroad to end her life, the televised assisted suicide of Craig Ewert, and the death of the young rugby player Daniel James and subsequent decision by the Director of Public Prosecutions (DPP), Keir Starmer, not to prosecute Daniel James’ parents has inflamed the passionate and intense debate further.
The Claimant, Miss Carver, was an air hostess who suffered a ligament injury to her ankle after entering a defective lift on BAA Plc (“BAA”) premises on 31 March 2003.