Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer

Posted January 31st, 2024 in children, hospitals, local government, mental health, news, placement orders by sally

‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk

‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’

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12 King's Bench Walk, 22nd November 2023

Source: clinicalnegligence.blog

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted December 20th, 2023 in chambers articles, compensation, hospitals, negligence, news, personal injuries by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

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St John's Chambers, 30th November 2023

Source: www.stjohnschambers.co.uk

Betsi Cadwaladr fined £200k for mental health failings – BBC News

Posted December 19th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A health board has been fined £200,000 after a woman killed herself on one of its mental health wards.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Blackpool nurse and colleague jailed over drugging patients – BBC News

‘An “evil” nurse who drugged patients on a stroke unit for an “easy shift” and a healthcare worker who conspired with her have been jailed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Nurse who sedated patients on hospital stroke unit for an ‘easy life’ jailed – The Independent

‘An NHS nurse who was giving her patients on a hospital stroke unit sedatives to “keep them quiet and compliant” has been jailed for seven years and two months.’

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The Independent, 14th December 2023

Source: www.independent.co.uk

Singleton Hospital maternity unit unsafe, says report – BBC News

Posted December 15th, 2023 in birth, children, families, hospitals, kidnapping, midwives, news by sally

‘A maternity unit has failed to meet safe staffing levels for four years and had insufficient measures to stop baby abductions, a report says. A regulator highlighted “significant patient safety concerns” at the unit at Singleton Hospital in Swansea.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

NHS England faces lawsuit over patient privacy fears linked to new data platform – The Guardian

Posted November 30th, 2023 in data protection, health, hospitals, news, privacy by sally

‘The NHS has been accused of “breaking the law” by creating a massive data platform that will share information about patients.’

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The Guardian, 30th November 2023

Source: www.theguardian.com

David Fuller: NHS failures enabled killer to abuse bodies – report – BBC News

Posted November 29th, 2023 in hospitals, inquiries, murder, negligence, news, sexual offences by sally

‘Mortuary abuser David Fuller was able to offend without being caught because of “serious failings” at the hospitals where he worked, an inquiry has found.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

Lucy Letby public inquiry formally opened by judge – BBC News

Posted November 23rd, 2023 in birth, children, hospitals, inquiries, murder, news, nurses by sally

‘The public inquiry into serial killer Lucy Letby’s crimes has formally begun although hearings may not begin until next autumn.’

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BBC News, 22nd November 2023

Source: www.bbc.co.uk

The Priory hospital fined £140k after woman dies on ‘utter shambles’ mental health ward – The Independent

Posted November 15th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A prestigious mental health hospital has been fined £140,000 after a young woman killed herself on one of its wards, days after it was described as an “utter shambles”.’

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The Independent, 14th November 2023

Source: www.independent.co.uk

Lack of detail on clin neg fixed costs “extremely worrying” – Legal Futures

Posted November 14th, 2023 in costs, hospitals, negligence, news by sally

‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’

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Legal Futures, 14th November 2023

Source: www.legalfutures.co.uk

Sizing up the competition – The Upper Tribunal considers the public authority VAT exemption in Northumbria Healthcare NHS Foundation Trust v Revenue and Customs – Devereux Chambers

Posted November 14th, 2023 in competition, evidence, hospitals, news, parking, VAT by sally

‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’

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Devereux Chambers, 27th October 2023

Source: www.devereuxchambers.co.uk

Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian

Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by sally

‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk

Priory Group charged with criminal offences over death of patient – The Guardian

‘The Priory healthcare group has been charged with two criminal offences over the death of a 23-year-old man who was hit by a train after absconding from a mental health hospital.’

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The Guardian, 6th November 2023

Source: www.theguardian.com

NHS pay: Health staff win Covid bonus after legal action threat – BBC News

Posted November 6th, 2023 in coronavirus, doctors, hospitals, news, nurses, remuneration by sally

‘The government has agreed to fund a one-off bonus for health workers who missed out previously because they worked for non-NHS organisations. A payment of at least £1,655 was agreed as part of the NHS pay deal in England this year, to recognise the pressure of the Covid pandemic on staff. But the BBC recently reported thousands of outsourced staff did not qualify and employers had launched legal action.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

Betsi Cadwaladr: Woman dies after health board lost medical notes – BBC News

Posted November 3rd, 2023 in coroners, hospitals, inquests, medical records, medical treatment, news by sally

‘A woman died after medical notes referring her for further tests were lost by a health board, an inquest has heard.’

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BBC News, 2nd November 2023

Source: www.bbc.co.uk