Category: medical records

Improper Non-Disclosure of a Complainant’s Medical Records – Pump Court Chambers

Posted March 11th, 2021 in chambers articles, consent, disclosure, drug abuse, medical records, mental health, news by sally

‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of prolonged substance abuse and mental health concerns. C has also indicated that he believes information within the records is detrimental to the Crown’s case; hence, his refusal.’

Full Story

Pump Court Chambers, 25th February 2021

Source: www.pumpcourtchambers.com

Unnecessary Private Law Applications – a warning shot from the judiciary – Family Law Week

Posted December 17th, 2020 in case management, child arrangements orders, children, family courts, medical records, news, privacy by tracey

‘Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.’

Full Story

Family Law Week, 16th December 2020

Source: www.familylawweek.co.uk

Children: Private Law Update December 2020 – Family Law Week

Posted December 10th, 2020 in arbitration, children, evidence, legal representation, medical records, news by tracey

‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’

Full Story

Family Law Week, 8th December 2020

Source: www.familylawweek.co.uk

Re B: Judgment or Press Release? – Transparency Project

Posted October 21st, 2020 in appeals, children, disclosure, families, judgments, medical records, news by sally

‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’

Full Story

Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

Posted October 6th, 2020 in confidentiality, contempt of court, Court of Protection, disclosure, forgery, medical records, news, sentencing by tracey

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

Full Story

Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Disclosure of information to GP: not “data” under GDPR – UK Human Rights Blog

Posted August 13th, 2020 in charities, confidentiality, consent, disclosure, medical records, news, vetting by sally

‘The High Court has struck out a claim that the disclosure of certain personal information made by a charity to the claimant’s GP was unlawful. Although only summary, this judgment goes to the heart of what we believe data protection to be about. As you will tell from my somewhat trenchant comments at the end of this post, I find it difficult to accept the main conclusion in this ruling.’

Full Story

UK Human Rights Blog, August 2020

Source: ukhumanrightsblog.com

Covid-19 will have “major impact” on £700m medico-legal market – Litigation Futures

Posted July 17th, 2020 in coronavirus, doctors, expert witnesses, insurance, litigants in person, medical records, news, personal injuries by sally

‘The medico-legal and insurance services (MLIS) market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.’

Full Story

Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

Posted May 29th, 2020 in causation, consent, costs, Court of Protection, disciplinary procedures, gender, inquests, medical records, medical treatment, news, paternity, surrogacy, transgender persons, vicarious liability by sally

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

Full Story

1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Health Records and the Deceased – Panopticon

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’

Full Story

Panopticon, 23rd April 2020

Source: panopticonblog.com

Judge demands “level playing field” on recording medical examinations – Litigation Futures

Posted April 21st, 2020 in accidents, doctors, expert witnesses, judges, medical records, news, personal injuries, psychiatric damage by sally

‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’

Full Story

Litigation Futures, 21st April 2020

Source: www.litigationfutures.com

CJC group fails to agree fixed costs for clin neg cases – Litigation Futures

Posted October 21st, 2019 in barristers, costs, expert witnesses, fees, medical records, medical treatment, negligence, news, professional conduct by sally

‘The working group charged with agreeing fixed recoverable costs (FRCs) for clinical negligence claims worth up to £25,000 has been unable to do so, although it has made progress on process changes.’

Full Story

Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

David Rose discusses: Stay of Proceedings on Medical Grounds – Park Square Barristers

Posted July 3rd, 2019 in evidence, medical records, mental health, news, stay of proceedings by sally

‘Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the Court is likely to accede to their request.’

Full Story

Park Square Barristers, 26th June 2019

Source: www.parksquarebarristers.co.uk

Police demanded rape victim’s phone and medical records despite identifying attacker by DNA – The Independent

Posted June 11th, 2019 in DNA, evidence, medical records, news, police, privacy, prosecutions, rape, telecommunications by tracey

‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’

Full Story

The Independent, 10th June 2019

Source: www.independent.co.uk

Solicitors Can Recover VAT On Medical Reporting Organisation Fee: British Airways PLC v Prosser – Zenith PI Blog

Posted May 13th, 2019 in airlines, appeals, evidence, fees, medical records, news, personal injuries, proportionality, solicitors, VAT by sally

‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’

Full Story

Zenith PI Blog, 9th May 2019

Source: zenithpi.wordpress.com

Gosport hospital scandal: Families of victims furious at lack of immediate charges after 21-year fight for justice – The Independent

Posted May 1st, 2019 in bereavement, causing death of children or vulnerable adults, families, hospitals, inquiries, medical records, news, victims by tracey

‘Families whose loved ones were killed in Gosport War Memorial Hospital have expressed their fury at the prospect of enduring a further wait that could last years to learn whether criminal charges are to be brought.’

Full Story

The Independent, 30th April 2019

Source: www.independent.co.uk

Solicitors can recover VAT on full MRO fee, says appeal court – Litigation Futures

Posted April 4th, 2019 in appeals, fees, health & safety, insurance, medical records, news, personal injuries, solicitors, VAT by sally

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

Full Story

Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

NHS employee fined for unlawfully accessing personal records – Local Government Lawyer

Posted March 21st, 2019 in abuse of position of trust, data protection, fines, medical records, news, privacy, professional conduct by tracey

‘An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.’

Full Story

Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Solicitors using GDPR for medical records “is like patient request” – Litigation Futures

Posted March 8th, 2019 in data protection, doctors, medical records, news, solicitors by sally

‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’

Full Story

Litigation Futures, 8th March 2019

Source: www.litigationfutures.com

Autistic people angry at having to disclose diagnosis to DVLA even if driving not affected – The Guardian

Posted March 6th, 2019 in autism, disclosure, Driver & Vehicle Licensing Agency, driving licences, medical records, news by sally

‘The National Autistic Society (NAS) is challenging a decision by the Driver and Vehicle Licensing Agency (DVLA) to force autistic people to inform them of their diagnosis even if it does not affect their driving.’

Full Story

The Guardian, 3rd March 2019

Source: www.theguardian.com

Court backs recoverability of agency fees in PI claims – Law Society’s Gazette

Posted March 1st, 2019 in agency, costs, fees, medical records, news, personal injuries by tracey

‘The court has ruled in favour of claimants in a battle over medical agency fees that affects thousands of low-value personal injury cases.’

Full Story

Law Society's Gazette, 1st March 2019

Source: www.lawgazette.co.uk