Daryll Rowe jailed for infecting men with HIV – BBC News

Posted April 19th, 2018 in grievous bodily harm, health, HIV, news, sentencing by sally

‘A man who said he was “riddled” with HIV and convicted of trying to infect 10 men has been jailed for life with a minimum term of 12 years.’

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BBC News, 18th April 2018

Source: www.bbc.co.uk

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

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UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

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UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

NHS trust fined £2m for Connor Sparrowhawk and Teresa Colvin deaths – The Guardian

Posted March 27th, 2018 in fines, health, health & safety, mental health, news by tracey

‘An NHS trust has been fined a record £2m after admitting “systemic failures” following the deaths of two vulnerable patients. Southern Health pleaded guilty last year to breaching health and safety laws following the deaths of Teresa Colvin and Connor Sparrowhawk, an epileptic teenager with autism who drowned in a bath at an NHS care unit.’

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The Guardian, 26th March 2018

Source: www.theguardian.com

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 – 4 New Square

Posted March 20th, 2018 in appeals, health, insurance, news by sally

‘In Spire Healthcare, the Court of Appeal (Sir Geoffrey Vos and Simon LJ) heard an appeal to determine whether the policy of combined liability insurance aggregated the limits of cover. Graham Eklund QC of 4 New Square successfully represented Royal and Sun Alliance Insurance plc. The Court’s decision is considered by Ben Smiley of 4 New Square.’

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4 New Square, 9th March 2018

Source: www.insurancelaw.london

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Big win for NHS Resolution in test cases on pre-LASPO funding switches – Litigation Futures

Posted March 19th, 2018 in appeals, fees, health, legal aid, news, solicitors by sally

‘The Court of Appeal has found for NHS Resolution (NHSR) in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements (CFAs) ahead of the introduction of LASPO.’

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Litigation Futures, 16th March 2018

Source: www.litigationfutures.com

Branded medicines face new NHS cost controls – OUT-LAW.com

Posted March 14th, 2018 in health, medicines, news by sally

‘Manufacturers of branded medicines face new statutory controls on the cost of their drugs to the NHS in the UK from 1 April.’

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OUT-LAW.com, 13th March 2018

Source: www.out-law.com

Legal bar for convicting healthcare professionals of manslaughter is ‘too low’, medical organisation warns – Daily Telegraph

Posted March 13th, 2018 in burden of proof, doctors, health, homicide, negligence, news, nurses by sally

‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’

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Daily Telegraph, 13th March 2018

Source: www.telegraph.co.uk

Ombudsman upholds 80% of complaints about Education and Health Care Plans – Local Government Lawyer

Posted March 12th, 2018 in complaints, health, news, ombudsmen, reports, special educational needs by sally

‘The Local Government and Social Care Ombudsman is upholding about 80% of complaints it investigates about Education and Health Care Plans (EHCPs), it has been revealed.’

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Local Government Lawyer, 8th March 2018

Source: www.localgovernmentlawyer.co.uk

CQC: Access to mental health care for children and young people at a ‘crisis point’ – Family Law

Posted March 12th, 2018 in children, health, mental health, news, reports, young persons by sally

‘The Care Quality Commission (CQC) has said UK health care, education and other public services are failing children and young people regarding their access to mental health services – arguing young people are at a ‘crisis point’ when it comes to mental health support. In light of its findings the CQC has made recommendations for the Secretary of State for Health and Social Care on how they can best ensure support.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) – Zenith PI

Posted March 5th, 2018 in appeals, costs, health, news, part 36 offers, personal injuries, rescission by tracey

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

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Zenith PI, 1st March 2018

Source: zenithpi.wordpress.com

Duty of care owed by the MOJ to serving prisoners limited to matters arising out of their custody – Zenith PI

Posted March 5th, 2018 in duty of care, health, human rights, medical treatment, negligence, news, prisons by tracey

‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

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Zenith PI, 2nd March 2018

Source: zenithpi.wordpress.com

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’

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UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by tracey

‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’

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The Guardian, 26th February 2018

Source: www.theguardian.com

Portsmouth baby murder: ‘Poor information sharing’ before death – BBC News

Posted February 27th, 2018 in children, domestic violence, health, murder, news, reports, social services by tracey

‘Poor information sharing between agencies meant warning signs were missed in the lead up to the murder of a 19-day-old baby by his mother, a serious case review has found.
Nicola Brown, 43, from Portsmouth, was found guilty of the murder of her son Jake following a trial in 2016. She was ordered to serve life with a minimum of 14-and-a-half years.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

NHS judicial review to go ahead after High Court grants campaigners costs-capping order – Litigation Futures

Posted February 26th, 2018 in costs capping orders, health, judicial review, news, social services by tracey

‘A judicial review of the government’s plan to introduce accountable care organisations (ACOs) – which campaigners claim will lead to the stealth privatisation of the NHS – is set to go ahead after the High Court granted the crowd-funded claimants a costs-capping order.’

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Litigation Futures, 23rd February 2018

Source: www.litigationfutures.com

Government rules out granting medical cannabis licence to boy, 6, with ‘death sentence’ epilepsy condition – Daily Telegraph

Posted February 19th, 2018 in children, drug offences, health, licensing, news by sally

‘The government has ruled out issuing a medical cannabis licence to a six-year-old boy whose rare form of epilepsy improved after taking the drug abroad.’

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Daily Telegraph, 18th February 2018

Source: www.telegraph.co.uk

Botched cosmetic surgery: law change urged as complaints treble – The Guardian

Posted February 19th, 2018 in complaints, cosmetic surgery, doctors, health, news by sally

‘An “alarming” rise in reports of botched cosmetic procedures in the UK has prompted doctors and campaigners to call for better legislation to protect against rogue practitioners.’

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The Guardian, 18th February 2018

Source: www.theguardian.com