Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

Full Story

Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Contaminated blood scandal: Victims win right to seek damages after thousands infected in 1970s and 80s – The Independent

‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’

Full Story

The Independent, 26th September 2017

Source: www.independent.co.uk

IPCC: police had series of chances to help man who died after arrest – The Guardian

Posted September 21st, 2017 in complaints, death in custody, duty of care, mental health, news, police, reports by sally

‘Police missed a string of opportunities to help a young man with mental health problems who died after he was restrained by officers, locked up in a van on a hot night and then left naked in a cell, a watchdog has said.’

Full Story

The Guardian, 21st September 2017

Source: www.theguardian.com

NHS trust ‘truly sorry’ about death of teenager Connor Sparrowhawk – The Guardian

‘An NHS trust has said it is “truly sorry” about the death of a teenager with epilepsy who drowned in a bath while in its care, after it admitted failings.
Southern Health trust pleaded guilty to breaching health and safety law in the case of Connor Sparrowhawk, who had a seizure and drowned in a bath in an NHS care unit in Oxford in 2013.’

Full Story

The Guardian, 18th september 2017

Source: www.theguardian.com

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by tracey

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

Full Story

The Guardian, 12th September 2017

Source: www.theguardian.com

Duty of care in genomic medicine: who is liable? – UK Human Rights Blog

Posted September 4th, 2017 in doctors, duty of care, genetic testing, medical ethics, news, third parties by sally

‘Clinical Genetics is a field of medicine concerned with the probability of an indvidual’s condition having an hereditary basis. The journal Medical Law International has just published an article about the scope of potential duties of care owed by specialists in this field to people with heritable diseases. The authors draw out the features of genomic medicine that open the door to new liabilities; a potential duty owed by clinicians to third party family members, and another legal relationship that may be drawn between researchers and patients.’

Full Story

UK Human Rights Blog, 3rd September 2017

Source: ukhumanrightsblog.com

Law Society fails in bid to throw out claim by firm over false ‘Find A Solicitor’ entry – Legal Futures

Posted August 29th, 2017 in appeals, duty of care, fraud, identity fraud, internet, law firms, Law Society, negligence, news by tracey

‘The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online “Find a Solicitor” (FAS) facility turned out to be false.’

Full Story

Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk

Optometrist who failed to spot brain condition wins appeal against conviction over boy’s death – Daily Telegraph

Posted July 31st, 2017 in appeals, children, duty of care, health, homicide, negligence, news by sally

‘An optometrist who failed to spot symptoms of a life-threatening brain condition during a routine eye test of an eight-year-old boy who later died has won an appeal against her conviction for gross negligence manslaughter.’

Full Story

Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

Full Story

Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Company directors jailed following fatal roof fall – Crown Prosecution Service

‘Three company directors have been jailed today (May 19) following the death of a man who fell while working at a warehouse in Essex.’

Full press release

Crown Prosecution Service, 19th May 2017

Source: www.cps.gov.uk

Duty of Care Owned by Junior Doctors: Important Court of Appeal Decision – Zenith PI Blog

Posted May 15th, 2017 in appeals, doctors, duty of care, medical treatment, negligence, news, standards by sally

‘In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors.’

Full story

Zenith PI Blog, 12th May 2017

Source: www.zenithpi.wordpress.com

Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI

Posted May 9th, 2017 in appeals, duty of care, hospitals, local government, news, personal injuries by tracey

‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’

Full story

Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

‘Duty of care’ – Not in housing allocation – Nearly Legal

Posted April 12th, 2017 in duty of care, housing, news, statutory duty by sally

‘Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty of care’ to them.’

Full story

Nearly Legal, 11th April 2017

Source: www.nearlylegal.co.uk

Sisters sue London hotel where they suffered brutal hammer attack – The Guardian

Posted March 22nd, 2017 in duty of care, hotels, news, personal injuries by sally

‘Three sisters from the United Arab Emirates who were the victims of a brutal hammer attack while on a shopping trip to London are suing the hotel where it happened.’

Full story

The Guardian, 21st March 2017

Source: www.guardian.co.uk

Human Rights Act should not be used to sue police, Home Office to argue in landmark Supreme Court appeal – Daily Telegraph

‘Victims of serious crime should not be allowed to use the Human Rights Act to sue the police, the Home Office will argue on Monday in a landmark Supreme Court appeal.’

Full story

Daily Telegraph, 13th March 2017

Source: www.telegraph.co.uk

NHS mental health trust to be prosecuted amid claims it failed to offer safe care – The Guardian

Posted March 7th, 2017 in duty of care, health, health & safety, hospitals, mental health, news by tracey

‘A mental health trust is to be the first NHS provider to be prosecuted under legislation brought in after the Mid Staffs scandal.’

Full story

The Guardian, 6th March 2017

Source: www.guardian.co.uk

Army widow sues MoD for failing to spot husband’s PTSD – Daily Telegraph

‘An Army widow who suffered five miscarriages after her husband attacked her while suffering from post traumatic stress disorder (PTSD) has launched a legal case against the Ministry of Defence for failing them both.’

Full story

Daily Telegraph, 26th February 2017

Source: www.telegraph.co.uk

Sussex University failed duty of care to student assault victim, inquiry finds – The Independent

‘A top UK university failed in its duty of care towards a student who was violently assaulted by her staff lecturer, a formal inquiry has concluded, following an investigation by The Independent.’

Full story

The Independent, 18th January 2017

Source: www.independent.co.uk

Police ‘could help prevent’ 400 deaths after custody – BBC News

‘Four hundred people killed themselves shortly after being released from police custody in England and Wales in the last seven years, a report says.’

Full story

BBC News, 10th December 2016

Source: www.bbc.co.uk

The Duty the Police Owe to the Police – Zenith PI Blog

Posted December 6th, 2016 in appeals, duty of care, legal representation, London, news, police, striking out by sally

‘The case concerns an appeal against the Order of Mr Justice Jay in which he struck out claims brought by a number of serving officers of the Metropolitan Police against their Commissioner.’

Full story

Zenith PI Blog, 5th December 2016

Source: www.zenithpi.wordpress.com