NHS to put stronger focus on learning from litigation claims – Litigation Futures

Posted May 10th, 2021 in budgets, compensation, hospitals, negligence, news, statistics by tracey

‘A new best practice guide urging board-level attention at NHS trusts so they can learn more from clinical negligence cases has been issued in a bid to improve patient safety and reduce claims.’

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Litigation Futures, 10th May 2021

Source: www.litigationfutures.com

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

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Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Inquest finds neglect contributed to woman’s hospital death – The Guardian

Posted April 27th, 2021 in disabled persons, food, hospitals, inquests, learning difficulties, news by sally

‘The death of a young disabled woman following a routine eye operation was partly caused by malnutrition as a result of neglect, a coroner has ruled.’

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The Guardian, 26th April 2021

Source: www.theguardian.com

NHS trust pleads guilty after ‘wholly avoidable’ death of week-old baby – The Guardian

Posted April 20th, 2021 in birth, hospitals, medical treatment, news, prosecutions by sally

‘A hospital trust has pleaded guilty to a criminal charge brought by the NHS regulator over failings in care that led to the death of a newborn boy at just seven days old.’

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The Guardian, 19th April 2021

Source: www.theguardian.com

NHS hospital trust facing prosecution after death of woman and child – The Guardian

‘A hospital trust is facing prosecution for alleged breaches of patient safety that are said to have led to the deaths of a mother of six and a child who was brain damaged at birth.’

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The Guardian, 6th April 2021

Source: www.theguardian.com

Pandemic NHS workers should be granted indefinite leave to remain — Aaron Gates-Lincoln – UK Human Rights Blog

‘Migrant workers have been essential to the operations of the NHS ever since its inception in 1948. Over the decades, many programmes have been used to encourage and find overseas workers and help them migrate to the UK to be employed in the healthcare system, demonstrating our governments acknowledgment of how important they are. As early as 1949, campaigns were made by the UK government in the Caribbean to recruit NHS staff, through advertisements in local newspapers.’

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UK Human Rights Blog, 17th March 2021

Source: ukhumanrightsblog.com

Covid-19: Concern over ‘do not resuscitate’ decisions during pandemic – BBC News

Posted March 18th, 2021 in consent, coronavirus, families, hospitals, medical treatment, news, reports by sally

‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’

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BBC News, 18th March 2021

Source: www.bbc.co.uk

Gosport hospital deaths: Inquiry reviews 15,000 death certificates – BBC News

Posted March 16th, 2021 in hospitals, inquests, inquiries, news by tracey

‘More than 15,000 death certificates are being examined by police investigating the deaths of patients at a hospital. An inquiry found 456 patients died after being given opiates at Gosport War Memorial Hospital between 1987 and 2001, but no charges have been brought. An independent investigation, led by Kent and Essex Serious Crime Directorate, is reviewing millions of pages of evidence.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Hospitals forced to repay millions after falsely claiming their maternity units were safe – The Independent

‘NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country.’

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The Independent, 7th March 2021

Source: www.independent.co.uk

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Staff ‘pushed patient over’ at mental health unit, CQC report finds – BBC News

‘A mental health patient was pushed to the floor as hospital staff used “disproportionate and unauthorised techniques”, health inspectors said.’

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BBC News, 5th March 2021

Source: www.bbc.co.uk

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers

Posted February 25th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’

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Parklane Plowden Chambers, 23rd February 2021

Source: www.parklaneplowden.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

More deaths, worse care: inquiry opens into NHS maternity ‘systemic racism’ – The Guardian

Posted February 8th, 2021 in birth, equality, hospitals, human rights, inquiries, news, race discrimination, statistics by tracey

‘An urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights. The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups.’

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The Guardian, 7th February 2021

Source: www.theguardian.com