‘Legal aid should be provided for families at inquests in which the government pays for lawyers to represent police officers or other state employees, the chief coroner has recommended.’
The Guardian, 25th July 2016
Source: www.guardian.co.uk
‘The parents of a toddler who died after doctors missed signs of sepsis were told not to “pick a fight with the NHS, you will lose” when they questioned the quality of his care. The revelation emerged following publication of a damning report that accused the organisations responsible of being incapable of accepting their shortcomings in the case.’
Daily Telegraph, 19th July 2016
Source: www.telegraph.co.uk
‘A patient lay dead for up to four-and-a-half hours before being spotted at one of the busiest A&E departments in the country, inspectors have revealed. A review of North Middlesex University Hospital by the Care Quality Commission also found there were too few competent doctors who were able to assess and treat patients at night.’
BBC News, 6th July 2016
Source: www.bbc.co.uk
‘A surgeon who tried to cover up the fact he had cut off a man’s testicle in error has been struck off.’
BBC News, 23rd June 2016
Source: www.bbc.co.uk
‘Doctors who aborted foetuses based on their gender could finally be successfully prosecuted after British lawyers launched an appeal to the European Court of Human Rights calling for a reform of abortion law.’
Daily Telegraph, 18th June
Source: www.telegraph.co.uk
‘Midwives have called for renewed efforts to tackle female genital mutilation (FGM) after more than 1,200 cases were recorded across England in just three months. This includes 11 Britons who were identified as being subject to FGM.’
The Guardian, 9th June 2016
Source: www.guardian.co.uk
‘A doctor at the centre of sports doping allegations has been cleared of failing to tell a cancer patient her condition was terminal.’
The Guardian, 24th May 2016
Source: www.guardian.co.uk
‘A doctor accused of gross negligence manslaughter over the death of a 12-year-old boy has been cleared of wrongdoing. Lyndsey Thomas had been on trial at Cardiff Crown Court after being charged in connection with the death of schoolboy Ryan Morse, who died at his home in south Wales following several months of ill health. But on Tuesday the GP was acquitted after a judge directed a jury to return a not guilty verdict on the 42-year-old.’
Daily Telegraph, 17th May 2016
Source: www.telegraph.co.uk
‘The new contract ministers plan to force on NHS junior doctors discriminates against female medics and is potentially illegal, Britain’s equality watchdog has told the government.’
The Guardian, 28th April 2016
Source: www.guardian.co.uk
‘Specialists have told a High Court judge that their treatment of a “profoundly neurologically disabled” two-year-old boy who they say no longer giggles when tickled and is “largely unresponsive” should be limited to palliative care.’
The Independent, 27th April 2016
Source: www.independent.co.uk
‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’
Park Square Barristers, 31st March 2016
Source: www.parksquarebarristers.co.uk
‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’
UK Human Rights Blog, 11th April 2016
Source: www.ukhumanrightsblog.com
‘Doctors carrying out cosmetic treatments must avoid two-for-one offers and allow a minimum two-week cooling-off period before surgery or risk being struck off, under long-awaited guidance to protect patients who may be vulnerable.’
The Guardian, 12th April 2016
Source: www.guardian.co.uk
‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’
BBC News, 4th April 2016
Source: www.bbc.co.uk
General Medical Council v Adeogba; General Medical Council v Visvardis [2016] EWCA Civ 162
‘In each of two cases, disciplinary proceedings were initiated by the General Medical Council (“the GMC”) against the respondent doctor. In neither case did the doctor concerned attend the disciplinary hearing. In the first case the doctor did not answer correspondence and did not attend the hearing because, knowing of the investigation and his time limited suspension, he left the United Kingdom and then failed to access the only means the GMC had to communicate with him. In the second case the doctor challenged the disciplinary process and refused to participate until his concerns had been addressed. Having considered the available evidence as to the reasons for non-attendance, in each case the separately constituted fitness to practise panel (“the panel”) determined to continue in the doctor’s absence under rule 31 of the General Medical Council (Fitness to Practise) Rules 2004 and, having examined and to some extent tested the evidence supporting the complaint, found the case proved in whole or in part. Both doctors were erased from the medical register. On appeal by the doctor in the first case, the judge, having admitted fresh evidence as to the reason for non-attendance, determined that the doctor could not have been aware of the hearing date and that the panel had been wrong to proceed in his absence. On appeal by the doctor in the second case, the judge found that there was no basis for the panel to conclude that the doctor would not attend in future if the matter were adjourned and had been wrong to proceed in his absence. In both cases, fresh hearings were ordered.’
WLR Daily, 16th March 2016
Source: www.iclr.co.uk
General Medical Council v Michalak [2016] EWCA Civ 172
‘The claimant doctor made a complaint of discrimination against the respondent General Medical Council, alleging that, as a qualifications body, it had subjected her to a detriment in the course of its Fitness to Practise Panel procedure, contrary to section 53(2)(c) of the Equality Act 2010. At a preliminary hearing to determine whether the employment tribunal had jurisdiction under section 120 of the Act, an employment judge held that the claim was not excluded by section 120(7), as the act complained of was not subject “by virtue of an enactment” to “an appeal or proceedings in the nature of an appeal”, since there was no right of appeal under the Medical Act 1983 from a decision of the panel, nor did judicial review provide a means to challenge its decision. The Employment Appeal Tribunal allowed the General Medical Council’s appeal, holding that judicial review proceedings were proceedings “in the nature of an appeal” that arose “by virtue of an enactment”, namely section 31 of the Senior Courts Act 1981, that were available to the claimant, thereby precluding the jurisdiction of the employment tribunal.’
WLR Daily, 23rd March 2016
Source: www.iclr.co.uk
‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’
Littleton Chambers, 9th March 2016
Source: www.littletonchambers.com
‘A highly experienced magistrate – Richard Page – has been sacked for airing views opposing same-sex couples being allowed to adopt.’
UK Human Rights Blog, 16th March 2016
Source: www.ukhumanrightsblog.com
‘A doctor has been found guilty of fondling the breasts of a teenage girl and three women patients during unnecessary clinical examinations.’
BBC News, 17th March 2016
Source: www.bbc.co.uk
© Inner Temple Library 2024