doctors – Page 11 – Current Awareness

New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, class actions, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’

UKSC Blog, 1st April 2020

Source: ukscblog.com

Barclays not liable for alleged sexual assaults during medicals, court rules – The Guardian

Posted April 2nd, 2020 in appeals, banking, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Barclays is not liable for the alleged sexual assault of more than 100 patients by a doctor carrying out medicals on the bank’s behalf, the supreme court has ruled.’

The Guardian, 1st April 2020

Source: www.theguardian.com

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

Posted April 1st, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, murder, news, pregnancy, psychiatric damage by sally

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

Posted March 25th, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, human rights, negligence, news, pregnancy, psychiatric damage, third parties by sally

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

No. 5 Chambers, 10th March 2020

Source: www.no5.com

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 25th, 2020 in appeals, causation, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

Posted March 24th, 2020 in appeals, chambers articles, disclosure, doctors, employment, employment tribunals, hospitals, news, whistleblowers by sally

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

3PB, 2nd March 2020

Source: www.3pb.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

Posted March 20th, 2020 in compensation, damages, disclosure, doctors, hospitals, news, unfair dismissal, whistleblowers by sally

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, genetic testing, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

Posted February 26th, 2020 in chambers articles, costs, doctors, expert witnesses, hospitals, mental health, negligence, news, third parties by sally

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Removal of life support after brain stem death held lawful – UK Human Rights Blog

Posted February 17th, 2020 in anonymity, appeals, birth, children, doctors, families, hospitals, human rights, medical treatment, news by sally

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

GP Manish Shah jailed for 90 sexual assaults on patients – BBC News

Posted February 10th, 2020 in abuse of position of trust, doctors, news, professional conduct, sentencing, sexual offences, victims, women by sally

‘A GP has been given three life sentences for 90 sexual assaults on female patients.’

BBC News, 7th February 2020

Source: www.bbc.co.uk

GP Manish Shah jailed for 90 sex assaults on patients – BBC News

Posted February 7th, 2020 in abuse of position of trust, doctors, imprisonment, news, professional conduct, sentencing, sexual offences by tracey

‘A GP has been given three life sentences for 90 sex assaults on female patients.’

BBC News, 7th February 2020

Source: www.bbc.co.uk

Senior doctor struck off after spying on 15-year-old girl in shower – The Independent

Posted February 7th, 2020 in child abuse, children, disciplinary procedures, doctors, employment tribunals, news, sexual offences, voyeurism by tracey

‘One of the NHS’ most senior doctors has been struck off after spying on a 15-year-old girl as she showered.’

The Independent, 6th February 2020

Source: www.independent.co.uk

Rogue surgeon report does not pretend there are easy answers – The Guardian

Posted February 5th, 2020 in codes of practice, doctors, hospitals, inquiries, negligence, news, professional conduct, standards by tracey

‘Report makes some sensible recommendations but critics say it could have gone further.’

The Guardian, 4th February 2020

Source: www.theguardian.com

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by tracey

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

The Guardian, 16th December 2019

Source: www.theguardian.com

Doctors at West Suffolk hospital ‘too scared’ to report safety issues – The Guardian

Posted December 12th, 2019 in bullying, disciplinary procedures, doctors, hospitals, news, whistleblowers by tracey

‘Doctors at a hospital accused of bullying its staff have told the NHS care regulator that they are too scared to report lapses in patient safety in case they end up facing disciplinary action.’

The Guardian, 11th December 2019

Source: www.theguardian.com

GP faces jail for sexual offences against 23 women and girls – The Guardian

Posted December 11th, 2019 in abuse of position of trust, cancer, doctors, news, professional conduct, sexual offences by tracey

‘A GP is facing jail after molesting 23 female patients whom he persuaded to have unnecessary examinations.’

The Guardian, 10th December 2019

Source: www.theguardian.com

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

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