Naomi McLoughlin discusses the case of Re F (A Child) (Fact-Finding Appeal) (2019) – Park Square Barristers

Posted August 29th, 2019 in care orders, child abuse, doctors, expert witnesses, family courts, news by sally

‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’

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Park Square Barristers, 27th August 2019

Source: www.parksquarebarristers.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

‘With great power comes great responsibility’ – contributory negligence post-Montgomery – UK Human Rights Blog

Posted August 22nd, 2019 in birth, contribution, doctors, hospitals, medical treatment, negligence, news by sally

‘Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium in the NHS, which is the root cause for defensive medical practice and the growing NHS litigation bill.’

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UK Human Rights Blog, 21st August 2019

Source: ukhumanrightsblog.com

The death of the ‘right to silence’ in regulatory proceedings? – UK Human Rights Blog

Posted August 12th, 2019 in doctors, news, professional conduct, self-incrimination by tracey

‘Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v. GMC [2019] EWHC 2129 (Admin) the issue was whether a tribunal can draw adverse inferences if a doctor declines to give evidence. Sanusi v. GMC [2019] EWCA Civ 1172 concerned the tribunal’s duty of procedural fairness where a professional fails to attend the hearing at all.’

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UK Human Rights Blog, 9th August 2019

Source: ukhumanrightsblog.com

Tafida Raqeeb: family to fight NHS in court in effort to save daughter – The Guardian

Posted August 7th, 2019 in children, doctors, families, hospitals, medical treatment, news, personal injuries by tracey

‘The family of a seriously ill five-year-old girl are taking on an NHS trust in court to try to force doctors to release her for what they believe would be life-saving treatment abroad.’

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The Guardian, 6th August 2019

Source: www.theguardian.com

Junior doctors win “significant victory” in rest breaks appeal – Local Government Lawyer

Posted August 1st, 2019 in appeals, doctors, health & safety, news, precedent, standards, trade unions by tracey

‘Junior doctors in Derby have won a ‘precedent setting’ Court of Appeal case over the monitoring of rest breaks.’

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Local Government Lawyer, 31st July 2019

Source: www.localgovernmentlawyer.co.uk

GP who “involves his Christian faith” with patient consultations investigated by medical watchdog – Daily Telegraph

‘A GP who allegedly involves his Christian faith in consultations with his patients is under investigation by the medical watchdog.’

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Daily Telegraph, 23rd June 2019

Source: www.telegraph.co.uk

Ep 83: Scope of Duty and Causation: Chester v Afshar revisited – Part 2 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the second of two highlights from the recent one crown office row’s seminar – Scope of Duty and Causation: Chester v Afshar revisited. Dominic Ruck Keene dicusses the effects of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

Ep 82: Scope of Duty and Causation: Chester v Afshar revisited – Part 1 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the first of two highlights from the recent 1COR seminar – Scope of Duty and Causation: Chester v Afshar revisited. We hear from Jonathan Metzer as he gives his interpretation of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

GP ‘ghost patients’ to be investigated by NHS fraud squad – BBC News

Posted June 12th, 2019 in doctors, fraud, news, statistics by tracey

‘The NHS fraud squad is investigating GPs in England amid suspicions they are claiming for non-existent patients.’

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BBC News, 12th June 2019

Source: www.bbc.co.uk

Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian

‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’

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The Guardian, 6th June 2019

Source: www.theguardian.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

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UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Judge allows doctors to perform hysterectomy on mentally ill woman – BBC News

‘A judge has granted permission for doctors to perform a hysterectomy on a mentally ill woman.’

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BBC News, 10th May 2019

Source: www.bbc.co.uk

Ep 77: Anonymity for Claimants, Anonymity for Doctors – Rajkiran Barhey – Law Pod UK

Posted May 10th, 2019 in anonymity, doctors, news by sally

‘In this episode Emma-Louise Fenelon talks to Rajkiran Barhey about two recent High Court decisions on anonymity.​’

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Law Pod UK, 30th April 2019

Source: audioboom.com

Coventry fake doctor jailed for duping elderly people – BBC News

Posted May 3rd, 2019 in doctors, elderly, fraud, medicines, news, sentencing by sally

‘A “fantasist” who posed as a doctor to dupe elderly people out of money and prescribed them potentially dangerous medicine, has been jailed.’

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BBC News, 2nd May 2019

Source: www.bbc.co.uk

CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures

‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’

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Litigation Futures, 1st May 2019

Source: www.litigationfutures.com

Doctor convicted of manslaughter over six-year-old’s sepsis death is cleared to practise again – Daily Telegraph

‘The parents whose six-year-old son died when “clear” signs of sepsis were missed have heavily criticised the medical establishment after the doctor responsible was cleared to practise again.’

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Daily Telegraph, 9th April 2019

Source: www.telegraph.co.uk

Ex-GP practice manager fined for emailing personal data to own account without authorisation – Local Government Lawyer

Posted April 9th, 2019 in data protection, doctors, electronic mail, fines, news by sally

‘A former GP practice manager has been fined for sending personal data to her own email account without authorisation, following an investigation by the Information Commissioner’s Office (ICO).’

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Local Government Lawyer, 8th April 2019

Source: www.localgovernmentlawyer.co.uk

Ian Paterson: ‘Sheer volume’ of victims delays breast surgeon report – BBC News

Posted April 5th, 2019 in doctors, news, sentencing, victims, wounding by tracey

‘Victims of disgraced breast surgeon Ian Paterson are still coming forward two years after he was jailed following hundreds of botched operations. The “sheer volume” of patients giving evidence to an independent inquiry has pushed back a report into his malpractice, an official said.’

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BBC News, 5th April 2019

Source: www.bbc.co.uk