Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

More deaths, worse care: inquiry opens into NHS maternity ‘systemic racism’ – The Guardian

Posted February 8th, 2021 in birth, equality, hospitals, human rights, inquiries, news, race discrimination, statistics by tracey

‘An urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights. The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups.’

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The Guardian, 7th February 2021

Source: www.theguardian.com

Gosport hospital deaths: Families ‘need Hillsborough-style inquests’ – BBC News

‘Relatives of patients who died after receiving “dangerous” levels of painkillers at Gosport War Memorial Hospital have called for new inquests.’

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BBC News, 5th February 2021

Source: www.bbc.co.uk

Government undertaking “intensive” review of clinical negligence compensation – Litigation Futures

Posted February 4th, 2021 in compensation, consultations, hospitals, negligence, news, personal injuries by sally

‘The government is undertaking “intensive” work on reshaping the system of compensation for victims of clinical negligence, health minister Nadine Dorries revealed yesterday.’

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Litigation Futures, 3rd February 2021

Source: www.litigationfutures.com

Bristol: Brain-damaged baby dies after life support ruling – BBC News

Posted February 2nd, 2021 in birth, consent, hospitals, medical treatment, news, parental responsibility, paternity by sally

‘A brain-damaged baby has died days after a judge ruled that doctors could stop providing life-support treatment.’

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BBC News, 1st February 2021

Source: www.bbc.co.uk

Family wins lawsuit against NHS trust over woman’s decomposed body – The Guardian

‘The family of a woman whom they suspect was killed has won a lawsuit against a health trust that allowed her body to decompose to the point that experts were unable to rule out third-party involvement in the death in a first-of-its kind ruling.’

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The Independent, 29th January 2021

Source: www.theguardian.com

Bedford hospital: ‘Risk of baby abduction’ at ‘inadequate’ maternity unit – BBC News

Posted January 15th, 2021 in birth, children, families, hospitals, kidnapping, news, ombudsmen, whistleblowers by tracey

‘Maternity services at a hospital have been downgraded to “inadequate” after inspectors found a “potential risk for baby abduction”. The Care Quality Commission (CQC) inspected Bedford Hospital’s maternity services in November following “14 whistle-blower inquiries”.’

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BBC News, 15 January 2021

Source: www.bbc.co.uk

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer

Posted January 12th, 2021 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’

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Local Government Lawyer, 11th January 2021

Source: www.localgovernmentlawyer.co.uk

Shrewsbury maternity scandal: Ministers told to ‘stamp out’ normal birth ideology in NHS – The Independent

Posted December 11th, 2020 in birth, codes of practice, government departments, health, hospitals, inquiries, news, pregnancy by tracey

‘Ministers have been told they must “stamp out” a “normal” birth ideology in NHS maternity services that puts babies and mothers lives at risk. The call came after an inquiry report into poor care at the Shrewsbury and Telford Hospital Trust found many women were medicated and forced to endure traumatic births with some being denied caesarean sections in order to keep rates low.’

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The Independent, 10th December 2020

Source: www.independent.co.uk

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Covid-19: Do not resuscitate orders may have been used without consent – BBC News

Posted December 3rd, 2020 in consent, coronavirus, hospitals, medical treatment, news by tracey

‘Doctors may have made decisions about “do not resuscitate orders” without consent in the first wave of the pandemic, the care watchdog has warned. The Care Quality Commission said it saw a jump in complaints about such DNR orders between March and September.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Ministers urged to end delay on law curbing restraint on mental health patients – The Guardian

Posted December 1st, 2020 in bills, delay, hospitals, mental health, minorities, news, restraint by sally

‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Elizabeth Dixon death investigation reveals “20-year cover-up” – The Guardian

‘The government has apologised for a “20-year cover-up” over the death of 11-month-old Elizabeth Dixon, whose parents have fought an unrelenting battle for the truth.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Former Great Ormond Street hospital porter charged with child sex offences – The Guardian

Posted November 26th, 2020 in child abuse, hospitals, news, sexual offences by tracey

‘A former Great Ormond Street hospital porter has been charged with a series of sex offences against children.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Trans teen in legal action over gender clinic wait – BBC News

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Clinical negligence and COVID – Counsel

Posted November 19th, 2020 in causation, coronavirus, hospitals, negligence, news by sally

‘Spring 2020 forced fundamental changes on our healthcare system. Helen Mulholland examines the implications of COVID-19 for clinical negligence claims.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

Lucy Letby: Nurse due in court charged with murdering eight babies at Chester hospital – The Independent

Posted November 12th, 2020 in children, hospitals, murder, news, nurses by tracey

‘A nurse is due to appear in court charged with the murder of eight babies and the attempted murder of another 10.’

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The Independent, 12th November 2020

Source: www.independent.co.uk