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

NHS misplaced half a million patient documents – BBC News

Posted February 27th, 2017 in contracting out, documents, health, medical records, news, postal service by tracey

‘Thousands of NHS patients may have come to harm because of an administrative mix-up, says NHS England. Some 500,000 documents containing medical information, including cancer test results, were mistakenly put in storage rather than being sent to the GP or filed in the patients’ records.’

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BBC News, 27th February 2017

Source: www.bbc.co.uk

A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

Source: www.technology-law-blog.co.uk

Witness the Fitness (to Practise): Mixed Personal Data and Section 7 DPA – Panopticon

Posted October 3rd, 2016 in complaints, data protection, doctors, medical records, news, privacy by sally

‘The medical profession is only too used to the occasional outbreak of SARS. It is perhaps a little less used to an influx of SARs, as made under section 7 of the Data Protection Act 1998. In the case of the General Medical Council, requests for personal data will involve very sensitive data and just as sensitive issues of balance and extraction of the data of different parties. So it was in Dr DB v General Medical Council [2016] EWHC 2331 (QB).’

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Panopticon, 28th September 2016

Source: www.panopticonblog.com

Privacy of a doctor under GMC investigation clashes with that of his patient – UK Human Rights Blog

Posted September 26th, 2016 in complaints, data protection, doctors, medical records, news, privacy by sally

‘An interesting three-way privacy fight between a GP, a patient who had complained about his treatment by the GP, and the GMC who had investigated that complaint. The prize in that fight was a copy of a medical report obtained by the GMC from an independent expert, which had concluded that the GP’s care had fallen below “but not seriously below” the expected standard.’

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UK Human Rights Blog, 24th September 2016

Source: www.ukhumanrightsblog.com

ICO investigates after medical records found in skip outside law firm – Legal Futures

Posted June 16th, 2016 in data protection, law firms, medical records, news by tracey

‘The Information Commissioner’s Office (ICO) has launched an investigation after medical records relating to personal injury claims were found in a skip outside a law firm’s former office in St Helens, Merseyside.’

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Legal Futures, 16th June 2016

Source: www.legalfutures.co.uk

Toddler dies of leukaemia after medics miss condition 35 times – Daily Telegraph

Posted February 1st, 2016 in cancer, children, codes of practice, coroners, doctors, hospitals, inquests, medical records, news by tracey

‘A toddler died of leukaemia after medics repeatedly failed to diagnose the condition despite numerous “red flags” and 35 separate visits to doctors and hospitals.’

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Daily Telegraph, 1st February 2016

Source: www.telegraph.co.uk

DNR order ‘violated disabled man’s human rights’ – BBC News

‘A ‘do not resuscitate’ (DNR) order put on a disabled man’s records without consulting his mother breached his human rights, the High Court has ruled.’

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BBC News, 13th November 2015

Source: www.bbc.co.uk

Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

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Panopticon, 16th October 2015

Source: www.panopticonblog.com

Princess of Wales Hospital nurse neglect trial collapses – BBC News

Posted October 15th, 2015 in disciplinary procedures, medical records, negligence, news, nurses, trials by sally

‘The case against two hospital nurses accused of wilfully neglecting vulnerable patients has collapsed.’

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BBC News, 14th October 2015

Source: www.bbc.co.uk

Stafford Hospital investigated over claims of a “cover-up” – Daily Telegraph

Posted October 9th, 2015 in children, freedom of information, hospitals, medical records, news by tracey

‘Police and health officials are investigating claims of an NHS “cover-up” over the death of a three-year old boy at Stafford Hospital.’

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Daily Telegraph, 9th October 2015

Source: www.telegraph.co.uk

London HIV clinic that revealed patients’ names faces legal action – The Guardian

‘The lawyer investigating claims on behalf of a number of patients whose identities were mistakenly revealed last week by an HIV clinic has said that it could face hundreds of legal claims.’

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The Guardian, 5th September 2015

Source: www.guardian.co.uk

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

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Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

What data protection reform will mean for obtaining ‘customer consent’ – OUT-LAW.com

Posted February 4th, 2015 in consent, data protection, EC law, legislation, medical records, news, privacy by sally

‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’

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OUT-LAW.com, 3rd February 2015

Source: www.out-law.com