Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Domestic abuse victims wrongly charged over £150 from GPs for letters confirming injuries – The Independent

Posted January 8th, 2021 in doctors, domestic violence, expert witnesses, fees, legal aid, news, victims by tracey

‘Domestic abuse victims are being wrongly charged over £150 by GPs for letters proving their injuries which are often required to access legal aid or other crucial services.’

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The Independent, 7th January 2021

Source: www.independent.co.uk

Virginity testing ban proposed by Richard Holden MP – BBC News

Posted December 16th, 2020 in bills, doctors, human rights, news, women by tracey

‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Covid-19: ‘Do not resuscitate’ decisions complaints up – BBC News

Posted December 4th, 2020 in bereavement, care homes, complaints, coronavirus, doctors, families, medical treatment, news by sally

‘Doctors may have made “do not resuscitate” decisions on a blanket basis in the first wave of the pandemic, the care watchdog has warned.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Child abuse carried out under guise of medical treatment, report finds – The Guardian

‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian

‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

Call to protect UK doctors from prosecution over life-or-death Covid rationing – The Guardian

‘Doctors forced to choose which patients to treat during the coronavirus pandemic and who would be left to die should be protected from prosecution, the prime minister has been told.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

EP 128: The Cumberlege Review – Marina Wheeler QC – Law Pod UK

Posted October 26th, 2020 in doctors, health, hospitals, medical treatment, medicines, news, podcasts by sally

‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’

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Law Pod UK, 22nd October 2020

Source: audioboom.com

Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers

‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’

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Parklane Plowden Chambers, 14th October 2020

Source: www.parklaneplowden.co.uk

Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

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UK Human Rights Blog, 21st October 2020

Source: ukhumanrightsblog.com

Teenager’s death after being given antipsychotic was ‘potentially avoidable’ – The Guardian

‘The death of a teenager who was given antipsychotic medication though he and his family warned that the drug might cause him serious harm could have been avoided, an independent review has concluded.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Family of NHS consultant stricken by Covid face removal from UK – The Guardian

‘The family of an NHS consultant who has treated many patients during the coronavirus pandemic, and who is now critically ill with Covid himself, are facing removal from the UK.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Private hospital company was unaware of concerns the top surgeon was hoarding bones – The Independent

Posted October 7th, 2020 in doctors, hospitals, medical ethics, medical treatment, news, professional conduct by tracey

‘The former owners of a private hospital where hip surgeon Derek McMinn carried out thousands of operations on patients was only told about concerns he was hoarding bones and tissue without proper permission last week – a year after an internal investigation suggested they should be told. Nuffield Health, which runs more than 30 hospitals, told The Independent it was unaware of any issues related to Prof McMinn until reports of his alleged behaviour last week.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent

Posted October 6th, 2020 in children, doctors, fines, licensing, medical treatment, news, penalties by tracey

‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Former trainee doctor in contempt for online campaign against judge – Legal Futures

‘A former trainee doctor has been found in contempt of court for repeatedly breaching injunctions imposed on him to stop using a website to harass a circuit judge.’

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Legal Futures, 26th August 2020

Source: www.legalfutures.co.uk

Covid-19 will have “major impact” on £700m medico-legal market – Litigation Futures

‘The medico-legal and insurance services (MLIS) market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

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Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News

Posted July 6th, 2020 in doctors, inquests, medical treatment, news, wounding by sally

‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’

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BBC News, 4th July 2020

Source: www.bbc.co.uk