Patient confidentiality – to breach or not to breach? – No. 5 Chambers

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

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Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

GP Manish Shah jailed for 90 sexual assaults on patients – BBC News

‘A GP has been given three life sentences for 90 sexual assaults on female patients.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

GP Manish Shah jailed for 90 sex assaults on patients – BBC News

‘A GP has been given three life sentences for 90 sex assaults on female patients.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Senior doctor struck off after spying on 15-year-old girl in shower – The Independent

‘One of the NHS’ most senior doctors has been struck off after spying on a 15-year-old girl as she showered.’

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The Independent, 6th February 2020

Source: www.independent.co.uk

Rogue surgeon report does not pretend there are easy answers – The Guardian

‘Report makes some sensible recommendations but critics say it could have gone further.’

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The Guardian, 4th February 2020

Source: www.theguardian.com

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by tracey

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Doctors at West Suffolk hospital ‘too scared’ to report safety issues – The Guardian

Posted December 12th, 2019 in bullying, disciplinary procedures, doctors, hospitals, news, whistleblowers by tracey

‘Doctors at a hospital accused of bullying its staff have told the NHS care regulator that they are too scared to report lapses in patient safety in case they end up facing disciplinary action.’

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The Guardian, 11th December 2019

Source: www.theguardian.com

GP faces jail for sexual offences against 23 women and girls – The Guardian

‘A GP is facing jail after molesting 23 female patients whom he persuaded to have unnecessary examinations.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Blow for Richard Freeman case after Sutton evidence ruled admissible – The Guardian

Posted December 6th, 2019 in admissibility, doctors, drug abuse, evidence, news, professional conduct, sport by sally

‘Shane Sutton’s evidence at the hearing of former Team Sky and British Cycling doctor Richard Freeman is admissible, a tribunal has ruled.’

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The Guardian, 6th December 2019

Source: www.theguardian.com

Slough gynaecologist jailed for secretly filming nurse during sex – BBC News

Posted December 6th, 2019 in doctors, news, sentencing, voyeurism by sally

‘A gynaecologist who used glasses with a hidden camera to film himself having sex with a student nurse has been jailed for 14 months.’

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BBC News, 5th December 2019

Source: www.bbc.co.uk

Doctors may face suspension over NHS ‘worst maternity scandal’ – The Guardian

‘Doctors who saw but did not report babies and mothers receiving poor care during the NHS’s worst maternity scandal could be suspended or struck off, the General Medical Council has warned. The medical profession’s regulator has asked NHS bosses for details of any doctor they believe may have ignored their professional duty to raise the alarm about threats to patient safety at the Shrewsbury and Telford NHS hospital trust (SaTH).’

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The Guardian, 20th November 2019

Source: www.theguardian.com