Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

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Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

Man awarded £8m Sheffield hospital negligence payout – BBC News

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

Charlie Gard’s parents lose life support court appeal – BBC News

‘Doctors can stop providing life-support treatment to ill baby Charlie Gard, Court of Appeal judges have ruled.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

Medical privacy – Panopticon

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by tracey

‘Do clinicians treating a patient with Huntington’s Disease have a duty to disclose the diagnosis to the patient’s daughters? Arguably so, says the Court of Appeal in ABC v St George’s Healthcare NHS Foundation Trust (2017) EWCA Civ 336.’

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Panopticon, 17th may 2017

Source: www.panopticonblog.com

Will genetically-informed medicine upend medical confidentiality? – UK Human Rights Blog

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by tracey

‘ABC v St George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336. In a fascinating twist to the drama of futuristic diagnosis, the Court of Appeal has allowed an argument that doctors treating a Huntington’s patient should have imparted information about his diagnosis to his pregnant daughter to go to trial.’

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UK Human Rights Blog, 17th May 2017

Source: www.ukhumanrightsblog.com

Police launch investigation into high rate of baby deaths at Countess of Chester Hospital – The Independent

Posted May 19th, 2017 in children, hospitals, inquests, news, pregnancy by tracey

‘Police have launched an investigation into the deaths of 15 babies at a hospital in Chester.’

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The Independent, 18th May 2017

Source: www.independent.co.uk

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.’

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Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

Baby deaths cluster: Trust paid out millions in compensation – BBC News

Posted May 5th, 2017 in birth, compensation, hospitals, news by tracey

‘An NHS trust facing a review into maternity errors has paid out millions in compensation after similar mistakes led to babies born with brain injuries.’

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BBC News, 4th May 2017

Source: www.bbc.co.uk

Priory’s care plan for anorexic teen Pippa McManus ‘inadequate’ – BBC News

Posted May 3rd, 2017 in hospitals, inquests, mental health, news, suicide, young persons by tracey

‘No adequate care plan was in place for an anorexic teenager who killed herself five days after being released from a psychiatric hospital, an inquest found.’

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BBC News, 2nd May 2017

Source: www.bbc.co.uk

Private patients to miss out on compensation from God complex breast surgeon as Spire and union refuse to cover costs – Daily Telegraph

‘Hundreds of private patients of Ian Paterson, the rogue breast surgeon facing jail for mutilating women, may be denied compensation due to a legal loophole.

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Daily Telegraph, 29th April 2017

Source: www.telegraph.co.uk

Antiques Roadshow expert died after hospital ‘neglect’ – BBC News

Posted April 28th, 2017 in hospitals, inquests, mental health, news, restraint by tracey

‘Neglect and gross failure by hospital staff to quickly attempt resuscitation contributed to the death of an Antiques Roadshow expert, an inquest has ruled.’

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BBC News, 27th April 2017

Source: www.bbc.co.uk

Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017

Source: www.iclr.co.uk

Campaigners to crowd fund judicial review of partial hospital closure – Local Government Lawyer

Posted April 27th, 2017 in consultations, costs, hospitals, judicial review, legal aid, news by sally

‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’

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Local Government Lawyer, 26th April 2017

Source: www.localgovernmentlawyer.co.uk

Charlie Gard case: Ministers rule out intervening in court decision – BBC News

Posted April 26th, 2017 in children, consent, hospitals, medical treatment, news by sally

‘Ministers have ruled out intervening in the case of a sick baby after a High Court judge ruled doctors could withdraw his life support.’

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BBC News, 25th April 2017

Source: www.bbc.co.uk

Mentally ill mother who jumped off cliff with newborn did not get help from medics because she was ‘articulate’ and ‘middle class’, review finds – Daily Telegraph

Posted April 7th, 2017 in hospitals, mental health, news, pregnancy, social services, suicide by tracey

‘A mother who jumped off a cliff with her newborn daughter was failed by medics because she was “articulate” and “middle class”, a review has found.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

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Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk

Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

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Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

Mental Capacity and Deprivation of Liberty: Law Commission Report Summary – Halsbury’s Law Exchange

‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’

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Halsbury’s Law Exchange, 13th March 2017

Source: www.halsburyslawexchange.co.uk

Benjamin King inquest: ‘Insufficient evidence’ against hospital – BBC News

‘Claims that evidence at an inquest into a baby’s death was deliberately falsified will not be pursued by police due to insufficient evidence.’

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BBC News, 20th March 2017

Source: www.bbc.co.uk

NHS trust triples injury payout to £9.3m under controversial new rules – The Guardian

‘The first case settled under controversial new compensation rules for serious injuries has seen an NHS trust forced to nearly triple its payout to a 10-year-old girl left with cerebral palsy from £3.8m to £9.3m.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk