David Rose discusses: Stay of Proceedings on Medical Grounds – Park Square Barristers

Posted July 3rd, 2019 in evidence, medical records, mental health, news, stay of proceedings by sally

‘Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the Court is likely to accede to their request.’

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Park Square Barristers, 26th June 2019

Source: www.parksquarebarristers.co.uk

Police demanded rape victim’s phone and medical records despite identifying attacker by DNA – The Independent

Posted June 11th, 2019 in DNA, evidence, medical records, news, police, privacy, prosecutions, rape, telecommunications by tracey

‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’

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The Independent, 10th June 2019

Source: www.independent.co.uk

Solicitors Can Recover VAT On Medical Reporting Organisation Fee: British Airways PLC v Prosser – Zenith PI Blog

‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’

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Zenith PI Blog, 9th May 2019

Source: zenithpi.wordpress.com

Gosport hospital scandal: Families of victims furious at lack of immediate charges after 21-year fight for justice – The Independent

‘Families whose loved ones were killed in Gosport War Memorial Hospital have expressed their fury at the prospect of enduring a further wait that could last years to learn whether criminal charges are to be brought.’

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The Independent, 30th April 2019

Source: www.independent.co.uk

Solicitors can recover VAT on full MRO fee, says appeal court – Litigation Futures

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

NHS employee fined for unlawfully accessing personal records – Local Government Lawyer

‘An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.’

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Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Solicitors using GDPR for medical records “is like patient request” – Litigation Futures

Posted March 8th, 2019 in data protection, doctors, medical records, news, solicitors by sally

‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’

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Litigation Futures, 8th March 2019

Source: www.litigationfutures.com

Autistic people angry at having to disclose diagnosis to DVLA even if driving not affected – The Guardian

‘The National Autistic Society (NAS) is challenging a decision by the Driver and Vehicle Licensing Agency (DVLA) to force autistic people to inform them of their diagnosis even if it does not affect their driving.’

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The Guardian, 3rd March 2019

Source: www.theguardian.com

Court backs recoverability of agency fees in PI claims – Law Society’s Gazette

Posted March 1st, 2019 in agency, costs, fees, medical records, news, personal injuries by tracey

‘The court has ruled in favour of claimants in a battle over medical agency fees that affects thousands of low-value personal injury cases.’

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Law Society's Gazette, 1st March 2019

Source: www.lawgazette.co.uk

Confusion as solicitors make medical record requests for clients under GDPR – Litigation Futures

Posted September 17th, 2018 in data protection, EC law, medical records, news, solicitors by sally

‘There is confusion over whether solicitors can seek medical records for free by making subject access requests (SARs) under the General Data Protection Regulation (GDPR).’

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Litigation Futures, 17th September 2018

Source: www.litigationfutures.com

Mixed Data in the Court of Appeal – Panopticon

Posted July 2nd, 2018 in data protection, disclosure, medical records, news by sally

‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’

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Panopticon, 2nd July 2018

Source: panopticonblog.com

Ex-hospital worker prosecuted for inappropriately accessing patient records – Local Government Lawyer

Posted April 24th, 2018 in data protection, fines, medical records, news, prosecutions by sally

‘A former receptionist of a Milton Keynes hospital trust has become the latest NHS employee to be prosecuted for accessing patient records without authorisation.’

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Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

Government ‘failing to act on serious concerns about NHS data sharing’ raised by doctors – The Independent

Posted April 16th, 2018 in data protection, immigration, medical records, news by tracey

‘The government has been accused of failing to act on “serious concerns” raised by doctors and MPs about an NHS policy that sees patient details shared with immigration authorities.’

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The Independent, 15th April 2018

Source: www.independent.co.uk

High Court grants legal challenge against NHS-Home Office deal to hand over patient data to immigration officials – The Independent

Posted March 2nd, 2018 in confidentiality, immigration, judicial review, medical records, news by tracey

‘The High Court has granted a legal challenge against a NHS-Home Office deal to hand over patient data to immigration officials. The challenge, put forward by Migrants Rights Net (MRN), a UK charity advocating for the rights of migrants, will now go to a full hearing.’

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The Independent, 2nd March 2018

Source: www.independent.co.uk

Dentist fines: Mistakes over addresses hitting thousands – BBC News

Posted October 25th, 2017 in benefits, dentists, fines, health, medical records, mistake, news by michael

‘Many fines incorrectly imposed after dental treatment are because of mistakes over patients’ addresses, says a health watchdog.’

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BBC News, 24th October 2017

Source: www.bbc.co.uk

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

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

GP surgery administrator fined for illegally accessing patient records – Local Government Lawyer

Posted May 17th, 2017 in data protection, fines, guilty pleas, medical records, news by sally

‘A former NHS administrator has been ordered to pay nearly £800 in fines and costs after pleading guilty to unlawfully accessing patient records.’

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Local Government Lawyer, 17th May 2017

Source: www.localgovernmentlawyer.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk