duty of care – Page 12 – Current Awareness

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.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

Posted July 5th, 2017 in consent, damages, duty of care, human rights, medical treatment, negligence, news, time limits by sally

‘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

Posted May 22nd, 2017 in company directors, corporate manslaughter, duty of care, health & safety, press releases, sentencing by tracey

‘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

Posted March 13th, 2017 in compensation, duty of care, human rights, legislation, London, news, police, rape, Supreme Court, victims by sally

‘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

Posted February 27th, 2017 in Afghanistan, armed forces, duty of care, mental health, news, personal injuries, post-traumatic stress disorder by tracey

‘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

Posted January 19th, 2017 in assault, domestic violence, duty of care, fines, harassment, news, reports, sentencing, suspended sentences, teachers, universities by tracey

‘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

Posted December 12th, 2016 in detention, duty of care, Equality and Human Rights Commission, mental health, news, police, reports, statistics, suicide by sally

‘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

Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog

Posted December 2nd, 2016 in amendments, building law, contracts, duty of care, news, pleadings by sally

‘The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were the directors of the First Defendant and the contractor who had been engaged to lay the paving in the garden.’

Full story

Zenith PI Blog, 30th November 2016

Source: www.zenithpi.wordpress.com

Moving on from Bolam – the High Court applies the Montgomery v Larnarkshire test in a financial professionals – Hailsham Chambers

Posted November 9th, 2016 in banking, duty of care, financial regulation, negligence, news by sally

‘The High Court has for the first time outside a medical context declined to apply the traditional Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 test for the standard of care in favour of the new test in Montgomery v Larnarkshire Health Board [2015] AC 1430. Coutts, the private bank, was found to owe a duty to take reasonable care to ensure that their clients were aware of the risks of suggested investments. This is an important development in professional negligence law and one that may have far-reaching consequences.’

Full story

Hailsham Chambers, 3rd November 2016

Source: www.hailshamchambers.com

Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Posted September 21st, 2016 in banking, duty of care, financial advice, financial regulation, insurance, negligence, news by tracey

‘A long-standing legal test, that helps to determine whether professionals meet their duty of care to clients is not appropriate for determining whether UK investment advisers have sufficiently communicated with investors to be said to have provided suitable advice, the UK High Court has said.’

Full story

OUT-LAW.com, 20th September 2016

Source: www.out-law.com

Woman gets £2m over near-drowning in school swimming lesson – The Guardian

Posted August 22nd, 2016 in accidents, appeals, compensation, disabled persons, duty of care, health & safety, local government, mental health, news, personal injuries, school children, Supreme Court by sally

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

Full story

The Guardian, 21st August 2016

Source: www.guardian.co.uk