Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

The Coronavirus and Employers’ Liability for PPE – Ropewalk Chambers

‘The Coronavirus pandemic is likely to lead to litigation in various forms1; indeed, two doctors are reported to have already intimated a public law challenge to the lawfulness of the personal protective equipment (PPE) guidance published by the Department of Health and Social Care, and Public Health England.’

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Ropewalk Chambers, 4th May 2020

Source: www.ropewalk.co.uk

PPE & sex discrimination claims – Cloisters

‘The media is currently saturated with reports concerning the absence of adequate Personal Protective Equipment (‘PPE’) in clinical settings. To date, commentators have understandably focused on the extent to which employers may be breaching health and safety legislation by failing to provide staff with PPE and whether staff are protected under whistleblowing legislation if they speak out. Moreover, this month two doctors launched an urgent legal challenge to guidance by NHS England on PPE. In this blog, Dee Masters and Jen Danvers look at a different aspect to the PPE debate, namely whether there is scope for sex discrimination claims arising from equipment which has been designed to fit the average man rather than their female colleagues.’

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Cloisters, 29th April 2020

Source: www.cloisters.com

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

NHS staff coronavirus inquests told not to look at PPE shortages – The Guardian

Posted April 30th, 2020 in coronavirus, doctors, inquests, news, nurses, protective equipment by sally

‘Inquests into coronavirus deaths among NHS workers should avoid examining systemic failures in provision of personal protective equipment (PPE), coroners have been told, in a move described by Labour as “very worrying”.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

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The Guardian, 25th April 2020

Source: www.theguardian.com

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by tracey

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers

‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’

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Park Square Barristers, 7th April 2020

Source: www.parksquarebarristers.co.uk

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

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Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Michael Adebowale: Lee Rigby killer pleads guilty to assaulting nurse – The Independent

Posted October 29th, 2019 in assault, guilty pleas, hospital orders, news, nurses, sentencing by tracey

‘Convicted murderer will serve eight months after his 45 year minimum term is complete.’

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The Independent, 28th October 2019

Source: www.independent.co.uk

NHS workers including nurses and cleaners raped and groped at work, finds new report – The Independent

‘NHS workers including nurses and cleaners have suffered “serious” sexual harassment in the workplace, including groping and rape, a new report has found.’

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The Independent, 20th June 2019

Source: www.independent.co.uk

Proselytising nurse’s dismissal upheld by the Court of Appeal – UK Human Rights Blog

‘Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818. The Court of Appeal unanimously ruled that a nurse’s dismissal for improper proselytising was not unfair and that the hospital trust’s decision was not in contravention of the claimant’s rights as guaranteed by Article 9 of the European Convention on Human Rights.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

Nurses vote to back decriminalisation of prostitution – The Guardian

‘The union representing Britain’s nurses will start lobbying governments across the UK to decriminalise prostitution in order to safeguard sex workers and improve their health.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures

‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’

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Litigation Futures, 1st May 2019

Source: www.litigationfutures.com

Schools and NHS could be held accountable over youth crime – BBC News

‘Teachers, NHS workers and police officers could be held accountable for failing to spot violent crime among young people under government plans announced on Monday.’

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BBC News, 1st April 2019

Source: www.bbc.co.uk

Nurse jailed for injecting husband with insulin could have murder conviction quashed, court hears – Daily Telegraph

‘A nurse who spent 15 years in prison for murdering her disabled husband by injecting him with insulin could have her conviction quashed in the wake of new medical evidence.’

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Daily Telegraph, 18th March 2019

Source: www.telegraph.co.uk

Bullying and sexual harassment ‘endemic’ in NHS hospitals – The Guardian

‘Hundreds of doctors have been accused of bullying and sexually harassing colleagues in the past five years, prompting concern that a culture of intimidation is thriving in the NHS.’

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The Guardian, 24th February 2019

Source: www.theguardian.com