Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent
‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’
The Independent, 5th October 2020
Source: www.independent.co.uk
Category: doctors
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.’
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.’
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.’
Henderson Chambers, 25th June 2020
Source: www.hendersonchambers.co.uk
Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News
‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’
BBC News, 4th July 2020
Source: www.bbc.co.uk
GMC Allowed to Investigate Dual-Qualified Doctor/Solicitor for Actions Taken in Legal Practice – Old Square Chambers
‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’
Old Square Chambers, 23rd June 2020
Source: www.oldsquare.co.uk
Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog
‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’
UK Human Rights Blog, 19th June 2020
Source: ukhumanrightsblog.com
GMC can investigate solicitor doctor over legal advice – Legal Futures
‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
Doctors to file legal challenge to PPE guidance – Garden Court Chambers
‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’
Garden Court Chambers, 22nd May 2020
Source: www.gardencourtchambers.co.uk
Roberts Case Summary – No. 5 Chambers
‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB
‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’
3PB, 1st May 2020
Source: www.3pb.co.uk
Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13 – 3PB
‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’
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.’
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.’
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.’
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?’
Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020
NHS staff coronavirus inquests told not to look at PPE shortages – The Guardian
‘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”.’
The Guardian, 29th April 2020
Source: www.theguardian.com
The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other
‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’
Each Other, 28th April 2020
Source: eachother.org.uk
