Towuaghantse v GMC [2021] EWHC 681 (Admin) Coroner’s findings, independence of experts and registrant denials: this case is not one to put on the “read later” pile – 2 Hare Court

‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’

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2 Hare Court, 30th March 2021

Source: www.2harecourt.com

London-wide launch of operation to convict those who assault NHS staff – Crown Prosecution Service

Posted April 1st, 2021 in assault, doctors, hate crime, news, nurses, paramedics, pilot schemes, prosecutions by tracey

‘Known as Operation Cavell, the initiative will see a senior officer review all reports of assaults and hate crime against NHS staff. Following a three-month pilot, the National Health Service (NHS), Metropolitan Police Service (MPS) and Crown Prosecution Service (CPS) have been working in partnership to launch the scheme today (Wednesday, 31 March) which aims to increase convictions and protect NHS staff on the frontline.’

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Crown Prosecution Service, 31st March 2021

Source: www.cps.gov.uk

Assisted dying inquiry essential, leading brain surgeon says – BBC News

Posted April 1st, 2021 in assisted suicide, doctors, inquiries, news by tracey

‘One of the UK’s leading brain surgeons, who has advanced prostate cancer, has said an inquiry into assisted dying is “absolutely essential”.’

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BBC News, 1st April 2021

Source: www.bbc.co.uk

Pandemic NHS workers should be granted indefinite leave to remain — Aaron Gates-Lincoln – UK Human Rights Blog

‘Migrant workers have been essential to the operations of the NHS ever since its inception in 1948. Over the decades, many programmes have been used to encourage and find overseas workers and help them migrate to the UK to be employed in the healthcare system, demonstrating our governments acknowledgment of how important they are. As early as 1949, campaigns were made by the UK government in the Caribbean to recruit NHS staff, through advertisements in local newspapers.’

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UK Human Rights Blog, 17th March 2021

Source: ukhumanrightsblog.com

Cardiff doctor sentenced for £68,000 fraud on NHS – BBC News

Posted March 10th, 2021 in doctors, fraud, news, sentencing, suspended sentences by sally

‘A doctor has been given a suspended sentence after he admitted defrauding the NHS out of nearly £68,000.’

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BBC News, 9th March 2021

Source: www.bbc.co.uk

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Domestic abuse victims wrongly charged over £150 from GPs for letters confirming injuries – The Independent

Posted January 8th, 2021 in doctors, domestic violence, expert witnesses, fees, legal aid, news, victims by tracey

‘Domestic abuse victims are being wrongly charged over £150 by GPs for letters proving their injuries which are often required to access legal aid or other crucial services.’

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The Independent, 7th January 2021

Source: www.independent.co.uk

Virginity testing ban proposed by Richard Holden MP – BBC News

Posted December 16th, 2020 in bills, doctors, human rights, news, women by tracey

‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Covid-19: ‘Do not resuscitate’ decisions complaints up – BBC News

Posted December 4th, 2020 in bereavement, care homes, complaints, coronavirus, doctors, families, medical treatment, news by sally

‘Doctors may have made “do not resuscitate” decisions on a blanket basis in the first wave of the pandemic, the care watchdog has warned.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Child abuse carried out under guise of medical treatment, report finds – The Guardian

‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian

‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

Call to protect UK doctors from prosecution over life-or-death Covid rationing – The Guardian

‘Doctors forced to choose which patients to treat during the coronavirus pandemic and who would be left to die should be protected from prosecution, the prime minister has been told.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

EP 128: The Cumberlege Review – Marina Wheeler QC – Law Pod UK

Posted October 26th, 2020 in doctors, health, hospitals, medical treatment, medicines, news, podcasts by sally

‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’

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Law Pod UK, 22nd October 2020

Source: audioboom.com

Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers

‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’

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Parklane Plowden Chambers, 14th October 2020

Source: www.parklaneplowden.co.uk

Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

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UK Human Rights Blog, 21st October 2020

Source: ukhumanrightsblog.com

Teenager’s death after being given antipsychotic was ‘potentially avoidable’ – The Guardian

‘The death of a teenager who was given antipsychotic medication though he and his family warned that the drug might cause him serious harm could have been avoided, an independent review has concluded.’

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The Guardian, 20th October 2020

Source: www.theguardian.com