Category: hospitals

Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

Posted November 10th, 2020 in compensation, defences, diminished responsibility, homicide, hospitals, illegality, mental health, negligence, news, solicitors by sally

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

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Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

‘Inhuman’ use of restraint on disabled adults – BBC News

Posted November 10th, 2020 in disabled persons, hospitals, learning difficulties, news, restraint by sally

‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’

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BBC News, 10th November 2020

Source: www.bbc.co.uk

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

Posted November 6th, 2020 in appeals, compensation, damages, ex turpi causa, families, homicide, hospitals, human rights, illegality, mental health, negligence, news, Supreme Court by tracey

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com

Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care – Local Government Lawyer

Posted October 26th, 2020 in autism, hospitals, learning difficulties, local government, mental health, news, ombudsmen, quality assurance, restraint, standards by sally

‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’

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Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

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

CQC report: Care of people with learning disabilities ‘inhumane’ – BBC News

Posted October 26th, 2020 in autism, hospitals, learning difficulties, mental health, news, ombudsmen, quality assurance, restraint, standards by sally

‘Too many hospitals for people with learning disabilities or autism are providing poor care which is, at times, undignified and inhumane, the care regulator for England has said.’

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BBC News, 23rd October 2020

Source: www.bbc.co.uk

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

Posted October 21st, 2020 in autism, causing death of children or vulnerable adults, doctors, hospitals, inquests, medical treatment, medicines, mental health, news by sally

‘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

Dementia patient restrained by security guards 18 times to be forcibly treated – Daily Telegraph

Posted October 16th, 2020 in elderly, hospitals, medical treatment, mental health, news, professional conduct, quality assurance by sally

‘A dementia patient was restrained by security guards 18 times so he could be forcibly treated, as experts warn the case is “shocking and extreme”.’

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Daily Telegraph, 14th October 2020

Source: www.telegraph.co.uk

Inquiry begins into blanket use in England of Covid ‘do not resuscitate’ orders – The Guardian

Posted October 13th, 2020 in care homes, elderly, hospitals, inquiries, medical treatment, news by sally

‘An urgent investigation into blanket orders not to resuscitate care home residents has been launched amid fears some elderly people may still be affected by the “unacceptable” practice.’

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The Guardian, 12th 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

Inquiry into failings at south Wales maternity units grows to 160 cases – The Guardian

Posted September 29th, 2020 in birth, complaints, hospitals, news, Wales by sally

‘An independent panel investigating two maternity units in south Wales where a series of failings may have put the lives of mothers and babies at risk is looking into the care given to 150 women, it emerged on Monday.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

NHS trust fined for lack of candour in first prosecution of its kind – The Guardian

Posted September 24th, 2020 in bereavement, hospitals, news, prosecutions, regulations by sally

‘A hospital trust has been fined for failing to be open and transparent with the bereaved family of a 91-year-old woman in the first prosecution of its kind.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

Errors at West Suffolk hospital contributed to woman’s death – The Guardian

Posted September 8th, 2020 in hospitals, inquests, medical treatment, news by sally

‘Hospital errors contributed to the death of a woman five weeks after bowel surgery, an inquest into her death has concluded.’

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The Guardian, 7th September 2020

Source: www.theguardian.com

Force feeding not in anorexia patient’s best interests – UK Human Rights Blog

Posted August 27th, 2020 in consent, Court of Protection, hospitals, medical treatment, mental health, news by sally

‘In this carefully nuanced judgment, the Court of Protection has ruled that although a patient with a chronic eating disorder would in all probability face death she did not gain weight, it would not be in her best interests to continue being subjected to forced feeding inpatient regimes.’

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UK Human Rights, 26th August 2020

Source: ukhumanrightsblog.com

Capacity and Serious Medical Treatment – Pump Court Chambers

Posted August 17th, 2020 in cancer, chambers articles, Court of Protection, disabled persons, hospitals, learning difficulties, medical treatment, news by sally

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

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Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

Posted August 17th, 2020 in claims management, compensation, coronavirus, delay, hospitals, limitations, negligence, news, time limits by sally

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

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Law Pod UK, 28th July 2020

Source: audioboom.com

Only 19 bereaved families approved for NHS staff coronavirus compensation scheme – The Guardian

Posted July 27th, 2020 in bereavement, compensation, coronavirus, emergency services, families, government departments, hospitals, news by sally

‘Only 19 families of NHS and social care workers who died after contracting coronavirus have so far been approved for the £60,000 compensation payment from the government.’

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The Guardian, 26th July 2020

Source: www.theguardian.com

New high for NHS claims settling before proceedings – Litigation Futures

Posted July 22nd, 2020 in compensation, damages, dispute resolution, hospitals, indemnities, negligence, news, statistics by sally

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Parents of man who died after police restraint challenge delay over Seni’s law – The Guardian

Posted July 20th, 2020 in bills, delay, government departments, hospitals, inquests, mental health, news, restraint by sally

‘The parents of a young black man who died after being restrained in a mental health hospital are asking why a law passed in his name almost two years ago has not yet been enacted by the government.’

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The Guardian,, 20th July 2020

Source: www.theguardian.com