Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

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Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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New Compulsory System for Obtaining Medical Report in Whiplash Claims is on the Starting Blocks. Are You Ready for it? – Zenith PI Blog

Posted March 18th, 2015 in expert witnesses, health, news, personal injuries, reports, road traffic by sally

‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs.

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Zenith PI Blog, 17th March 2015

Source: www.zenithpi.wordpress.com

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Health system could benefit from greater pharmacist input if legal challenges can be addressed, says expert – OUT-LAW.com

Posted March 18th, 2015 in doctors, health, news, pharmacists by sally

‘The health system in England could benefit if plans to involve pharmacists more in delivering treatments and care in GP surgeries are implemented, an expert has said.’

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OUT-LAW.com, 17th March 2015

Source: www.out-law.com

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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The Review by Robert Francis QC into Whistleblowing in the NHS – Littleton Chambers

Posted March 17th, 2015 in health, hospitals, news, reports, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 (“ERRA”) introduced the first major legislative changes to the whistleblowing provisions in the Employment Rights Act introduced by the Public Interest Disclosure Act 1998. Those provisions afford remedies to workers who are subjected to a detriment or dismissed for making ‘protected disclosures’ of ‘relevant failures’.’

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Littleton Chambers, 13th February 2015

Source: www.littletonchambers.com

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Advising on a secondary victim claim? December 2014 produced a trio of new cases – Hardwicke Chambers

Posted March 17th, 2015 in health, negligence, news, psychiatric damage, victims by sally

‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’

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Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

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Noise-induced hearing loss a disease, High Court rules – Law Society’s Gazette

The High Court has ruled that noise-induced hearing loss (NIHL) should be treated as a disease rather than an injury for the purpose of claims – and therefore be subject to higher success fees.

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Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

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‘Reality of consensual and coercive sex in prison’ exposed by review – The Guardian

Posted March 17th, 2015 in health, homosexuality, news, pornography, prisons, rape, reports by sally

‘Rape is extremely rare in prisons in England and Wales, whereas consensual gay sex, pornography and masturbation is widespread and accepted, according to the findings of the first systematic review of sex between inmates.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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Elderly given power to decide where to die – Daily Telegraph

Posted March 13th, 2015 in consultations, elderly, health, hospitals, news by sally

‘Government consultation document sets out plans to give patients more powers to plan and make decisions about their “end of life care”.’

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Daily Telegraph, 12th March 2015

Source: www.telegraph.co.uk

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NHS trust ordered to pay nearly £20,000 over dermatitis failings – Local Government Lawyer

Posted March 11th, 2015 in costs, fines, health, health & safety, hospitals, news by tracey

‘An NHS trust in Cornwall has been ordered to pay nearly £20,000 in fines and costs over failings in its approach to dealing with dermatitis. The Health & Safety Executive prosecuted the Royal Cornwall Hospitals NHS Trust following an investigation that found 23 cases of dermatitis – occurring between 2007 and 2012 – had not been reported to it as is required by the law.’

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Local Government Lawyer, 9th March 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (Black) v Secretary of State for Justice – WLR Daily

Posted March 10th, 2015 in health, law reports, ministers' powers and duties, prisons, regulations, smoking by tracey

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk

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Baby deaths inquiry: NHS criticism expected – BBC News

Posted March 3rd, 2015 in birth, doctors, health, hospitals, midwives, news, quality assurance, reports by sally

‘Failures at a maternity unit where a number of newborn babies and mothers died are expected to be exposed later.’

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BBC News, 3rd March 2015

Source: www.bbc.co.uk

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Three-parent babies: Britain becomes first country to allow technique after House of Lords approves new regulations – The Independent

Posted February 25th, 2015 in DNA, embryology, health, legislation, news, pregnancy by sally

‘The UK has become the first country in the world to legalise so-called three-parent babies after the House of Lords backed the idea despite objections from church leaders and pro-life groups.’

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The Independent, 24th February 2015

Source: www.independent.co.uk

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Gendercide abortion law is ‘a risk to mothers’ – The Independent

Posted February 19th, 2015 in abortion, crime, gender, health, news, sex discrimination, women by sally

‘Women’s rights campaigners are calling on MPs to vote against criminalising abortion on grounds of a child’s gender because it could drive the problem underground.’

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The Independent, 18th February 2015

Source: www.independent.co.uk

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Smoking ban in prisons: Inmate wants access to enforcement hotline – BBC News

Posted February 18th, 2015 in confidentiality, health, news, prisons, smoking, telecommunications by sally

‘A prisoner has launched a legal challenge to give inmates the right to report unauthorised smoking in jail.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

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Sir Robert Francis’ Review of Whistleblowing Processes in the NHS – UK Human Rights Blog

Posted February 18th, 2015 in health, hospitals, inquiries, news, whistleblowers by sally

‘It has long been recognised that enabling healthcare professionals to speak up about concerns at work is a key element of the promotion of patient safety. The Final Report of the Freedom to Speak Up review of whistleblowing processes in the NHS was published on 11 February 2015.’

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UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

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Tottenham Hotspur liable for player brain damage – BBC News

Posted February 17th, 2015 in damages, duty of care, health, news, sport by sally

‘A High Court judge has ruled Tottenham Hotspur breached its duties to a 17-year-old player who suffered cardiac arrest in his first game for the club and was left brain damaged.’

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BBC News, 16th February 2015

Source: www.bbc.co.uk

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