‘Seventy-five members of staff at a Cardiff hospital have been left “broken” by a court ruling that means they owe thousands of pounds in parking tickets, a campaigner has said.’
BBC News, 17th July 2017
Source: www.bbc.co.uk
‘The NHS paid out more than £1bn in damages for medical negligence last year – a record high, fuelled by maternity blunders, official figures show.’
Daily Telegraph, 13th July 2017
Source: www.telegraph.co.uk
‘A 21-year-old woman with a rare disease died when staff at a hospice failed to replace part of her breathing tube, an inquest has heard.’
BBC News, 12th July 2017
Source: www.bbc.co.uk
‘London’s Royal Free hospital failed to comply with the Data Protection Act when it handed over personal data of 1.6 million patients to DeepMind, a Google subsidiary, according to the Information Commissioner’s Office.’
The Guardian, 3rd July 2017
Source: www.theguardian.com
Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399
‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’
WLR Daily, 23rd May 2017
Source: www.iclr.co.uk
‘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.’
Zenith PI Blog, 25th May 2017
Source: www.zenithpi.wordpress.com
‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’
BBC News, 25th May 2017
Source: www.bbc.co.uk
‘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.’
Panopticon, 17th may 2017
Source: www.panopticonblog.com
‘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.’
UK Human Rights Blog, 17th May 2017
Source: www.ukhumanrightsblog.com
‘Police have launched an investigation into the deaths of 15 babies at a hospital in Chester.’
The Independent, 18th May 2017
Source: www.independent.co.uk
‘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.’
Zenith PI, 9th May 2017
Source: www.zenithpi.wordpress.com
‘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.’
BBC News, 4th May 2017
Source: www.bbc.co.uk
‘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.’
BBC News, 2nd May 2017
Source: www.bbc.co.uk
‘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.
Daily Telegraph, 29th April 2017
Source: www.telegraph.co.uk
‘Neglect and gross failure by hospital staff to quickly attempt resuscitation contributed to the death of an Antiques Roadshow expert, an inquest has ruled.’
BBC News, 27th April 2017
Source: www.bbc.co.uk
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
‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’
Local Government Lawyer, 26th April 2017
Source: www.localgovernmentlawyer.co.uk
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