Category: hospitals

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Continuation of Life-Sustaining Treatment not in Mrs P’s Best Interests – ASCERTAINING WHAT THE PATIENT WOULD HAVE WANTED – Garden Court Chambers

Posted November 23rd, 2017 in elderly, hospitals, medical treatment, news by sally

‘The Trust applied for a declaration that it was in Mrs P’s best interests to receive clinically assisted nutrition and hydration (CANH) by way of a gastric feeding tube. Following a fall, Mrs P, aged 72 years, went to hospital without telling her family. Her condition deteriorated and she fell into a minimally conscious state. A dispute arose as to whether CANH should be continued between her sisters who wanted treatment to be maintained and her partner and daughters who did not.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Mother killed herself after ‘serious failure’ by mental health unit – The guardian

Posted November 15th, 2017 in birth, hospitals, inquests, mental health, news, suicide by sally

‘A mother who killed herself while suffering from postnatal depression died as a result of a “very serious failure” that allowed her to leave a mental health unit unchaperoned, a coroner has ruled.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Police investigating 30 years of alleged sexual and physical abuse against children at mental health unit – The Independent

Posted November 10th, 2017 in child abuse, hospitals, mental health, news, sexual offences, young persons by sally

‘Police are investigating almost 30 years of alleged physical and sexual abuse against children and young adults being treated at a mental health unit.Hertfordshire Constabulary said the number of victims at the Hill End Hospital Adolescent Unit in St Albans was not yet clear.’

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The Independent, 9th November 2017

Source: www.independent.co.uk

Healthcare provider fined over internal occupational health service failures – OUT-LAW.com

Posted November 3rd, 2017 in fines, hazardous substances, health & safety, hospitals, news by sally

‘A Bedford-based private healthcare provider has been fined after it failed to act on concerns raised about the running of its internal occupational health service.’

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OUT-LAW.com, 2nd November 2017

Source: www.out-law.com

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by sally

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

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Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Warnings on hospital crowding with doubling in legal actions by CQC – Daily Telegraph

Posted October 9th, 2017 in disciplinary procedures, health & safety, hospitals, news by sally

‘A growing crisis in hospital safety is revealed in official figures showing a doubling in the number of legal warnings issued by NHS watchdogs.’

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Daily Telegraph, 8th October 2017

Source: www.telegraph.co.uk

NHS patients going blind and missing cancer treatments due to hospital failings, report finds – The Independent

Posted October 5th, 2017 in health, hospitals, news, quality assurance, reports by sally

‘Patients in Cornwall died after waiting too long for heart treatment, while others were left to go blind, according to a damning report. Inspectors from the Care Quality Commission (CQC) found patients waiting too long for treatment and suffering harm as a result, operations being cancelled, including for cancer, patients with sepsis not receiving antibiotics in time and a sewage problem in a bathroom not being dealt with for more than three years.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

Law Pod UK Ep. 11: The cost of surrogacy – a legitimate claim? – 1 COR

Posted October 2nd, 2017 in costs, damages, hospitals, negligence, news, surrogacy by sally

‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’

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Law Pod UK, 29th September 2017

Source: audioboom.com

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

NHS trust ‘truly sorry’ about death of teenager Connor Sparrowhawk – The Guardian

Posted September 19th, 2017 in autism, duty of care, health & safety, hospitals, learning difficulties, mental health, news by sally

‘An NHS trust has said it is “truly sorry” about the death of a teenager with epilepsy who drowned in a bath while in its care, after it admitted failings.
Southern Health trust pleaded guilty to breaching health and safety law in the case of Connor Sparrowhawk, who had a seizure and drowned in a bath in an NHS care unit in Oxford in 2013.’

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The Guardian, 18th september 2017

Source: www.theguardian.com

NHS negligence bill set to more than double as waiting lists lengthen – Daily Telegraph

Posted September 7th, 2017 in health, hospitals, medical treatment, negligence, news, reports by sally

‘Spiralling NHS negligence bills are set to double in less than five years, and could get even worse amid lengthening hospital waiting times, watchdogs have warned.’

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Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Litigant in person who walked out of assessment hearing ordered to pay £83,000 costs – Litigation Futures

Posted September 5th, 2017 in costs, doctors, employment tribunals, hospitals, litigants in person, news by sally

‘A litigant in person who “abruptly” walked out of a detailed assessment hearing before the end of the first day and failed to return, has been ordered to pay £82,930 by an employment judge.’

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Litigation Futures, 4th September 2017

Source: www.litigationfutures.com

The Case of X: A Wake Up Call – Family Law Week

Posted August 23rd, 2017 in children, detention, family courts, hospitals, judges, judgments, jurisdiction, mental health, news, statistics by sally

‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the lessons to be learned from the case of X which attracted considerable attention in the mainstream media.’

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Family Law Week, 15th August 2017

Source: www.familylawweek.co.uk

Maternity ‘must improve’ at baby-deaths hospital trust – BBC News

Posted August 16th, 2017 in birth, health, hospitals, inquiries, news by sally

‘Maternity services at a health trust at the centre of a baby deaths inquiry must improve, inspectors have said.’

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BBC News, 16th August 2017

Source: www.bbc.co.uk

Judge warns of ‘blood on our hands’ if suicidal girl is forced out of secure care – The Guardian

Posted August 4th, 2017 in care orders, children, detention and training orders, hospitals, judges, news, suicide by sally

‘The nation will have “blood on its hands” if an NHS hospital bed cannot be found within days for a teenage girl who is at acute risk of taking her own life, according to the UK’s most senior family judge.’

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The Guardian, 3rd August 2017

Source: www.theguardian.com

NHS victims face spending all their damages on lawyers – new report – Daily Telegraph

Posted August 1st, 2017 in compensation, costs, costs capping orders, hospitals, legal representation, negligence, news by sally

‘Victims of NHS blunders face spending all their compensation on lawyers fees, following a proposed Government shake-down of legal costs, experts have warned.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Negligent hospitals to get free pass at inquests under costs cap – warning – Daily Telegraph

Posted July 31st, 2017 in compensation, coroners, costs, hospitals, inquests, negligence, news by sally

‘NHS hospitals responsible for patient deaths will get a free pass at inquests under Government proposals to cap legal costs, the lawyer for victims of the Bristol heart scandal has warned.’

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Daily Telegraph, 30th July 2017

Source: www.telegraph.co.uk