hospitals – Page 24 – Current Awareness

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

Emergency bill to strengthen coronavirus (COVID-19) response plans – GOV.UK

Posted March 18th, 2020 in bills, coronavirus, health, hospitals, news by sally

‘New laws will be introduced to protect public health, increase NHS capacity, strengthen social care and support the public to take the right action at the right time.’

GOV.UK, 17th March 2020

Source: www.gov.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 sally

‘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

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision 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. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers

Posted February 19th, 2020 in birth, chambers articles, compensation, expert witnesses, hospitals, negligence, news, personal injuries, witnesses by sally

‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’

Hailsham Chambers, 13th February 2020

Source: www.hailshamchambers.com

Anorexic woman’s death prompted independent review – BBC News

Posted February 17th, 2020 in causing death of children or vulnerable adults, hospitals, inquests, mental health, news by sally

‘The care of a severely anorexic woman prompted 14 recommendations for change, an inquest has heard.’

BBC News, 14th February 2020

Source: www.bbc.co.uk

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

Review launched into East Kent NHS trust after baby deaths – The Guardian

Posted February 14th, 2020 in bereavement, birth, causing death of children or vulnerable adults, children, hospitals, inquests, negligence, news, professional conduct, standards by sally

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

The Guardian, 13th February 2020

Source: www.theguardian.com

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation – Local Government Lawyer

Posted February 12th, 2020 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.’

Local Government Lawyer, 11th February 2020

Source: www.localgovernmentlawyer.co.uk

Paying the price for expert shopping: Burke v Imperial Healthcare [2019] EWHC 3719 (QB) – 12 King’s Bench Walk

Posted February 11th, 2020 in disclosure, expert witnesses, hospitals, negligence, news by sally

‘The judgment of Tipples J serves as a sharp reminder to parties who seek permission to change experts that they will be expected to notify the other party of their intention in advance of the hearing. Failure to do so will impose on them a duty to make full and frank disclosure and to ensure that all material information, both as to the law and the facts, is placed before the court. It is necessary to remind the court of the general rule that a party who seeks to change experts will be permitted to do so only on condition it discloses all the written evidence obtained from the former expert. To displace this general rule, the court will need to be satisfied that there is no hint of expert shopping and no attempt to withhold relevant information. ‘

12 King's Bench Walk, 10th February 2020

Source: www.12kbw.co.uk

Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk

Posted February 6th, 2020 in chambers articles, hospitals, news, personal injuries by sally

‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’

12 King's Bench Walk, 31st January 2020

Source: www.12kbw.co.uk

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB) – Parklane Plowden Chambers

Posted February 6th, 2020 in birth, causation, hospitals, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.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 sally

‘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

West Suffolk Hospital staff ‘feared raising concerns’, says CQC – BBC News

Posted January 30th, 2020 in hospitals, news, reports, whistleblowers by sally

‘Staff at a hospital accused of conducting a “witch hunt” to identify a whistleblower felt a lack of “freedom to speak up”, a report has said.’

BBC News, 30th January 2020

Source: www.bbc.co.uk

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