Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News

Posted July 6th, 2020 in doctors, inquests, medical treatment, news, wounding by sally

‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’

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BBC News, 4th July 2020

Source: www.bbc.co.uk

GMC Allowed to Investigate Dual-Qualified Doctor/Solicitor for Actions Taken in Legal Practice – Old Square Chambers

‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’

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Old Square Chambers, 23rd June 2020

Source: www.oldsquare.co.uk

Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog

‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’

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UK Human Rights Blog, 19th June 2020

Source: ukhumanrightsblog.com

GMC can investigate solicitor doctor over legal advice – Legal Futures

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

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Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13 – 3PB

Posted May 12th, 2020 in assault, doctors, news, sexual offences, vicarious liability by sally

‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’

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3PB, May 2020

Source: www.3pb.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

The Coronavirus and Employers’ Liability for PPE – Ropewalk Chambers

‘The Coronavirus pandemic is likely to lead to litigation in various forms1; indeed, two doctors are reported to have already intimated a public law challenge to the lawfulness of the personal protective equipment (PPE) guidance published by the Department of Health and Social Care, and Public Health England.’

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Ropewalk Chambers, 4th May 2020

Source: www.ropewalk.co.uk

Informed Consent: Where Are We Now – Ropewalk Chambers

‘In Montgomery -v- Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held:

“The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”‘

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Ropewalk Chambers, 30th April 2020

Source: www.ropewalk.co.uk

PPE & sex discrimination claims – Cloisters

‘The media is currently saturated with reports concerning the absence of adequate Personal Protective Equipment (‘PPE’) in clinical settings. To date, commentators have understandably focused on the extent to which employers may be breaching health and safety legislation by failing to provide staff with PPE and whether staff are protected under whistleblowing legislation if they speak out. Moreover, this month two doctors launched an urgent legal challenge to guidance by NHS England on PPE. In this blog, Dee Masters and Jen Danvers look at a different aspect to the PPE debate, namely whether there is scope for sex discrimination claims arising from equipment which has been designed to fit the average man rather than their female colleagues.’

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Cloisters, 29th April 2020

Source: www.cloisters.com

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

NHS staff coronavirus inquests told not to look at PPE shortages – The Guardian

Posted April 30th, 2020 in coronavirus, doctors, inquests, news, nurses, protective equipment by sally

‘Inquests into coronavirus deaths among NHS workers should avoid examining systemic failures in provision of personal protective equipment (PPE), coroners have been told, in a move described by Labour as “very worrying”.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other

‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’

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Each Other, 28th April 2020

Source: eachother.org.uk

Doctor couple challenge UK government on PPE risks to BAME staff – The Guardian

‘Two doctors are launching a legal challenge over government guidance on personal protective equipment which they say exposes them to coronavirus infections.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

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The Guardian, 25th April 2020

Source: www.theguardian.com

If ministers fail to reveal 2016 flu study they ‘will face court’ – The Guardian

‘The government faces being taken to court if it refuses to disclose the findings of an exercise confirming the UK could not cope with a flu pandemic.’

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The Guardian, 26th April 2020

Source: www.theguardian.com

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com