Stafford Hospital investigated over claims of a “cover-up” – Daily Telegraph

Posted October 9th, 2015 in children, freedom of information, hospitals, medical records, news by tracey

‘Police and health officials are investigating claims of an NHS “cover-up” over the death of a three-year old boy at Stafford Hospital.’

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Daily Telegraph, 9th October 2015

Source: www.telegraph.co.uk

London HIV clinic that revealed patients’ names faces legal action – The Guardian

‘The lawyer investigating claims on behalf of a number of patients whose identities were mistakenly revealed last week by an HIV clinic has said that it could face hundreds of legal claims.’

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The Guardian, 5th September 2015

Source: www.guardian.co.uk

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

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Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

What data protection reform will mean for obtaining ‘customer consent’ – OUT-LAW.com

Posted February 4th, 2015 in consent, data protection, EC law, legislation, medical records, news, privacy by sally

‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’

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OUT-LAW.com, 3rd February 2015

Source: www.out-law.com

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Bradford Lidl ‘slip’ fraudster Waheed Iqbal sentenced – BBC News

‘A man who deliberately “slipped” on a wet bag in a supermarket so he could make a £10,000 insurance claim has been given a suspended jail term.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

Mother loses action over decision by ombudsman not to investigate records loss – Local Government Lawyer

Posted December 5th, 2014 in hospitals, judicial review, medical records, news, ombudsmen by sally

‘The mother of a woman who died as an inpatient at a London hospital has lost a High Court challenge against the Parliamentary and Health Services Ombudsman (PHSO) over its refusal to investigate the loss of her daughter’s medical records.’

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Local Government Lawyer, 4th December 2014

Source: www.localgovernmentlawyer.co.uk

Mother in High Court challenge against NHS ombudsman – BBC News

Posted December 2nd, 2014 in cancer, complaints, health, medical records, news, ombudsmen by sally

‘The mother of a young woman who died in hospital is challenging the Parliamentary and Health Services Ombudsman (PHSO) in the High Court.’

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BBC News, 2nd December 2014

Source: www.bbc.co.uk

Limitation: Constructive Knowledge re-visited. Howard Platt –v- BRB (Residuary) Limited [2014] EWCA Civ 1401 – Zenith PI Blog

Posted November 5th, 2014 in appeals, limitations, medical records, news, personal injuries by sally

‘On 15th October 2014, the Court of Appeal had cause to review the manner in which a claimant might find a claim statute barred by reason of constructive knowledge.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

Data Protection and Child Protection – Panopticon

‘One of the difficulties users and practitioners have with the Data Protection Act 1998 is that there is so little case law on any of the provisions, it can be very hard to know how a court will react to the complicated structure and often unusual factual scenarios which can throw up potential claims. There are two reasons why there is so little case law. First, most damages claims under the DPA go to the County Court, where unless you were in the case it is hard to know that it happened or get hold of a judgment. Secondly, most damages claims are for small sums, which is it is more cost-effective to settle than fight.’

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Panopticon, 6th June 2014

Source: www.panopticonblog.com

‘Do not resuscitate’ orders are failing patients, judges told – Daily Telegraph

Posted May 7th, 2014 in consent, hospitals, human rights, medical records, medical treatment, news by sally

‘Human rights watchdog joins family of patient in attempt to clarify rules over whether doctors must consult the seriously ill before deciding whether to resuscitate them.’

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Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Disclosure of medical records breached patient’s human rights – Strasbourg – UK Human Rights Blog

Posted May 1st, 2014 in disclosure, human rights, medical records, news, privacy by sally

‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

Privacy groups raise complaint with ICO over cloud-stored data from hospital records – OUT-LAW.com

Posted March 19th, 2014 in data protection, hospitals, internet, medical records, news, ombudsmen, privacy by tracey

‘The UK’s Information Commissioner Office (ICO) has been asked to investigate whether privacy rules were breached when data collected from hospitals was uploaded to cloud servers operated by Google.’

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OUT-LAW.com, 18th March 2014

Source: www.out-law.com

New law to prevent sale of health data for commercial purposes – OUT-LAW.com

Posted March 4th, 2014 in bills, health, medical records, misuse of private information, news by sally

‘New UK legislation will ban the disclosure of aggregated patient medical records for commercial purposes, according to media reports.’

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OUT-LAW.com, 3rd March 2014

Source: www.out-law.com

Lee Bonsall inquest: Coroner calls for mental health review – BBC News

‘A former soldier found hanged gave no indication he was intending to harm himself, an inquest has heard.’

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BBC News, 30th January 2014

Source: www.bbc.co.uk

Patients will be identifiable when firms are given access to confidential NHS data, experts warn – The Independent

Posted January 20th, 2014 in consumer protection, data protection, hospitals, medical records, news, privacy by sally

‘Privacy experts have warned that commercial firms will be able to identify people when they are given access to confidential NHS patient data.’

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The Independent, 20th January 2014

Source: www.independent.co.uk

Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon

Posted November 15th, 2013 in appeals, confidentiality, freedom of information, medical records, news, tribunals by tracey

“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”

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Panopticon, 14th November 2013

Source: www.panopticonblog.com