It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

Termination of pregnancy and wishes and feelings in the Court of Protection – UK Human Rights Blog

Posted April 26th, 2024 in abortion, Court of Protection, families, hospitals, mental health, news, pregnancy by sally

‘The decision of the Court of Protection in Rotherham and Doncaster and South Humber NHS Foundation Trust and NR [2024] EWCOP 17 is the latest in a line of cases where the Court has been asked to determine whether a termination of pregnancy is in a woman’s best interests. Any case about a termination engages the pregnant woman’s Article 8 rights. But where the woman also lacks capacity to decide for herself whether to have a termination, there must be a particularly careful analysis to ensure that her rights are respected. While previous decisions have frequently accorded weight to the wishes and feelings of the pregnant woman at the heart of the case, Mr Justice Hayden’s decision goes further in handing the decision over to the pregnant woman herself.’

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UK Human Rights Blog, 25th April 2024

Source: ukhumanrightsblog.com

Inquest finds gross failings in care of woman who drank too much water – The Guardian

Posted April 25th, 2024 in hospitals, inquests, mental health, news, water by tracey

‘An inquest jury has found there were “gross failings in care amounting to neglect” before a woman had a heart attack at a private mental health hospital due to complications from drinking excessive amounts of water.’

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The Guardian, 24th April 2024

Source: www.theguardian.com

Clinical negligence fixed costs set for October implementation – Legal Futures

‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Serious care failings were a factor in son killing his father, coroner in Wales rules – The Guardian

Posted April 17th, 2024 in families, homicide, hospital orders, hospitals, inquests, mental health, news, sentencing by sally

‘A string of serious failings in the care provided for a man with schizophrenia who killed his father an hour after absconding from a psychiatric ward contributed to the death, a coroner has ruled.’

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Th Guardian, 16th April 2024

Source: www.theguardian.com

Royal Derby Hospital: ‘Shortcomings’ led to newborn baby’s death – BBC News

Posted April 4th, 2024 in birth, hospitals, inquests, news by tracey

‘A baby boy who died a day after being born would have lived had he received adequate hospital care, an inquest has heard.’

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BBC News, 4th April 2024

Source: www.bbc.co.uk

NHS parking charges should be free of VAT, Court of Appeal rules – OUT-Law.com

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

‘Total failures’ in care of baby boy who lived for 14 hours – BBC News

‘A baby boy who lived just 14 hours died after “total and complete failures” in his care, an inquest has found.’

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BBC News, 12th March 2024

Source: www.bbc.co.uk

NHS fertility centre’s licence suspended after ‘errors’ led to loss of embryos – The Independent

Posted March 11th, 2024 in hospitals, news, pregnancy by tracey

‘A fertility clinic in London has had its licence to operate suspended due to “significant concerns”.’

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The Independent, 9th March 2024

Source: www.independent.co.uk

Coroners’ death reports reveal rise in NHS warnings – BBC News

Posted March 8th, 2024 in coroners, government departments, health, hospitals, news, statistics by sally

‘Coroners in England and Wales sent 109 warnings to health bodies and the government in 2023 highlighting long NHS waits, staff shortages or a lack of NHS resources, the BBC has found.’

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BBC News, 8th March 2024

Source: www.bbc.co.uk

Long Covid: Health staff go to court for compensation – BBC News

‘Nearly 70 healthcare workers with long Covid will take their fight to the High Court later to sue the NHS and other employers for compensation.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Sobhia Khan: Concern over hospital release of man who killed wife – BBC News

‘A coroner has found “numerous failings” led to a man being able to beat his wife to death after his release from a secure psychiatric unit.’

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BBC News, 27th February 2024

Source: www.bbc.co.uk

Prisoners with mental illness wait too long for beds – BBC News

Posted February 19th, 2024 in delay, hospitals, mental health, Ministry of Justice, news, prisons, statistics by tracey

‘Prisoners with severe mental illnesses are waiting too long for hospital care, says the chief inspector of prisons.’

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BBC News, 19th February 2024

Source: www.bbc.co.uk

Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

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Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer

Posted January 31st, 2024 in children, hospitals, local government, mental health, news, placement orders by tracey

‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk

‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’

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12 King's Bench Walk, 22nd November 2023

Source: clinicalnegligence.blog

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted December 20th, 2023 in chambers articles, compensation, hospitals, negligence, news, personal injuries by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

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St John's Chambers, 30th November 2023

Source: www.stjohnschambers.co.uk

Betsi Cadwaladr fined £200k for mental health failings – BBC News

Posted December 19th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by tracey

‘A health board has been fined £200,000 after a woman killed herself on one of its mental health wards.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk