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Found 586 results
  1. Content Article
    This article published by The Justice Gap highlights new research that has revealed the psychological toll of the inquest system on people whose loved ones die in contested circumstances, including struggling with a complicated legal process and suffering due to cuts to the system.
  2. News Article
    Healthcare staff who deliberately withhold information should face criminal prosecution in cases involving patient safety and deaths, according to Northern Ireland's human rights commissioner. In her first public interview on duty of candour, Alyson Kilpatrick told BBC News NI there was an obligation on doctors to be fully truthful in order to protect lives. A duty of candour is an onus on staff to be open and transparent with patients and families when mistakes are made in a patient's care. However, the British Medical Association (BMA) does not agree that criminal sanctions should be linked with a duty of candour, and has said it would go against creating a culture of openness and transparency. Alan Roberts, whose daughter's death was examined by the Northern Ireland hyponatraemia inquiry which found there had been a "cover-up" into how she died, said doctors must be legally bound to tell the truth. Claire Roberts was one of five children whose deaths at hospitals in Northern Ireland were examined by the 14-year-long inquiry. It was heavily critical of a health service it deemed to be "self-regulating and unmonitored". Mr Roberts said "the public will be shocked to find there is no legal binding duty on a doctor to tell a patient when there have been failures or when they've been at fault". Read full story Source: BBC News, 25 June 2024
  3. News Article
    Leading doctors are to launch legal action against the medical regulator amid rising concerns about the use of physician associates. The British Medical Association said it needed to take action before the “uncontrolled experiment” of the use of medical associate professions (MAPs) “before it leads to more unintended patient harm”. The union said it is launching legal action against the General Medical Council (GMC) over the way it plans to regulate MAPs. "We have had enough of the Government and the NHS leadership eroding our profession. We are standing up for both doctors and patients to block this ill thought through project before it leads to more unintended patient harm," said Professor Philip Banfield, BMA council chairman. It said that there is a “dangerous blurring of lines” for patients between doctors and assistant roles. Read full story Source: The Independent, 24 June 2024
  4. Content Article
    Published on Steve Turner's blog site, this article gives a summary of the The Protection for Whistleblowing Bill & the Office of the Whistleblower, and answers some frequently asked questions.
  5. Content Article
    In this Forbes article, Robert Pearl MD looks at how AI will affect the legal situation when a patient is harmed in healthcare. He highlights growing confidence and an increasing body of research that points to generative AI being able to outperform medical professionals in various clinical tasks. However, he outlines many questions that still remain about the legal implications of using AI in healthcare. He also argues that liability will become increasingly complex, especially in places where AI is being used without direct individual oversight.
  6. News Article
    A mental health trust and a band seven ward manager it employed have denied manslaughter charges over a death on an inpatient ward. North East London Foundation Trust and Benjamin Aninakwa entered not guilty pleas to manslaughter by gross negligence at the Old Bailey on Friday (24 May). It is believed to be the first time a named NHS manager at a trust has faced corporate manslaughter charges, alongside the organisation that employed them. Read full story (paywalled) Source: HSJ, 29 May 2024
  7. Content Article
    In 1990, 10-year-old Robbie Powell died due to undiagnosed Addison’s disease. Tragically, his death was preventable. Concerns that Robbie may have had Addison’s disease had been raised following a previous hospital admission and a diagnostic test requested, but this was not followed up or shared with his parents, Will and Diane. In the two weeks before Robbie died, Robbie was seen by five GPs on seven occasions, but his parents were consistently told that there was nothing seriously wrong with their son. Robbie’s father Will has worked for decades to uncover why his son died and how the doctors and organisations involved responded following Robbie’s death. In this long-read interview, Will describes the events that led to Robbie’s death and his subsequent fight for justice, including his role in the successful campaign which resulted in organisational legal duty of candour. He talks about the devastating impact that having the truth withheld continues to have on his family and other families. Will then outlines what needs to be done to better protect families and ensure they get the full truth when a child dies due to avoidable harm. Please note: readers may find the following content distressing.
  8. Content Article
    In this article, Sharon Hartles looks at the ongoing fight for justice by families affected by the hormone pregnancy test (HPT) Primodos. She discusses the impact of new evidence and advocacy efforts, highlighting the resilience of those involved in the quest for accountability. She also considers the absence of consideration of patients and family members affected by HPTs from the recent Hughes Report, which looked at redress options for the other two medical interventions covered by the Independent Medicines and Medical Devices Safety Review. Sharon Hartles is a member of the Harm and Evidence Research Collaborative at the Open University. Additionally, she is affiliated with the Risky Hormones research project, an international collaboration in partnership with patient groups. You can read the blog here. Related reading First Do No Harm. The report of the Independent Medicines and Medical Devices Safety Review (8 July 2020) The Hughes Report: Options for redress for those harmed by valproate and pelvic mesh (Patient Safety Commissioner for England, 7 February 2024) Reflections on The Hughes Report: Pelvic mesh, sodium valproate, hormone pregnancy tests and options for redress (a blog from Patient Safety Learning) A Bitter Pill: Primodos, The Forgotten Thalidomide (APPG on Hormone Pregnancy Tests, 27 February 2024) Patient Safety Spotlight interview with Marie Lyon, chair of the Association for Children Damaged by Hormone Pregnancy Tests
  9. Content Article
    In 2021, the Independent Medicines and Medical Devices Safety review, led by Baroness Cumberlege, conducted a comprehensive review of historic documents and found that Hormone Pregnancy Tests had caused avoidable harm, that they should have been withdrawn by the regulator after the first warnings in 1967 and that this failure to act meant that women were exposed unnecessarily to a potential risk. This report by the All-Party Parliamentary Group on Hormone Pregnancy Tests sets out the background to this and considers the findings in 2017 of an expert working group that was relied upon by the Government and manufacturers to strike out a claim for compensation in 2023. The report recommends that the Government sets up an independent review to examine the findings of this working group.
  10. News Article
    Jersey politicians have voted to approve plans to allow assisted dying for those with a terminal illness "causing unbearable suffering". The States Assembly has been debating two routes through which people who have lived in Jersey for longer than a year, are 18 or over and have decision-making capacity could apply for assisted dying. A total of 32 members voted in favour while 14 voted against route one. The second route, for those who are not terminally ill but who have an incurable medical condition causing unbearable suffering, was rejected by a majority of 27 to 19. Plans for legalising assisted dying were voted on in principle by the assembly in 2021, but the aim of the vote was to decide how it could work in practice. With a decision now made, the process for drafting a law could take about 18 months, with a debate then taking place by the end of 2025. If a law is approved, it is expected a further 18-month implementation period would then begin, meaning the earliest for it to come into effect would be summer 2027. Speaking after the debate, Chief Minister Lyndon Farnham said "robust safeguards" would be "enshrined in law." He thanked the assembly for a "thoughtful, respectful and considered" debate. Read full story Source: BBC News, 22 May 2024
  11. Event
    until
    The session will explore the system wide risks involved in prescribing through reference to clinical negligence claims from NHS Resolution and the panel firm, Hill Dickinson. Event programme The invaluable role of pharmacists Common medicine error claims Recommendations Q&A panel discussion Contributors Joanne Hughes – Partner | Hill Dickinson Dr Anwar Khan – Senior clinical advisor | NHS Resolution Register for the webinar 20240703 Dispelling the myth-towards safer practice flyer.pdf
  12. Content Article
    In April 2024 the World Health Organization published the Patient Safety Rights charter, outlining patients’ rights in the context of safety in healthcare. In this blog, Assistant Professor John Tingle and Teaching Fellow Angela Eggleton from Birmingham Law School at the University of Birmingham, consider the rights included in the Charter and applying this to the NHS.
  13. Event
    Featuring leading legal experts and experienced clinicians this online event will provide an update on current claims processes and how to respond to claims. The conference will look at the patient perspective and explore why patients decide to litigate. There will be an extended session on mediation and ADR. The conference will also update delegates on the new Patient Safety Incident Response Framework (PSIRF) and implications for Clinical Negligence Litigation. We have a limited number of free places for this event for members of the hub. Email content@pslhub.org if you are interested. Find out more and book a place
  14. News Article
    Bereaved families who lost loved ones in the contaminated blood scandal have claimed their relatives were being “used for research” after discovering historic notes in medical records. It is claimed that some patients being treated for the blood clotting disorder haemophilia in the 1970s and 1980s were given blood plasma treatment which doctors knew might be contaminated and infect them with hepatitis. They wanted to study the links between the haemophilia treatment Factor VIII and the risk of infection, but a number of families have claimed their loved ones were enrolled in these studies without their knowledge or consent. The Factor 8 campaign group alleges that instead of stopping treatment, clinicians lobbied to continue trials, even after identifying the association between hepatitis and the treatment. Jason Evans, director of the campaign group, found notes alluding to the research in his father’s medical records. He has since found other families who have discovered the same notes in the records of their loved ones. Mr Evans, whose father died in 1993 after being infected with both HIV and hepatitis C during the course of his treatment for haemophilia, said: “It is appalling that hundreds of people with haemophilia across the country were knowingly infected with lethal viruses under the guise of scientific research. These secret experiments, conducted without consent, show individuals were treated as mere test subjects, not human beings." Read full story Source: Independent, 9 May 2024
  15. News Article
    A surgeon who may have infected two new mothers with herpes has been granted anonymity during the inquests into their deaths in an "unprecedented" ruling. Coroner Catherine Wood said she made the decision because the surgeon's "apprehension" about being named when he stands as a witness would "likely impede his evidence in court" and affect his health. Mid Kent and Medway Coroners is investigating the cases of Kimberly Sampson, 29, and Samantha Mulcahy, 32, who both died in 2018 after the same obstetrician conducted their caesareans. They were treated 6 weeks apart in hospitals run by East Kent Hospitals University NHS Trust (EKHUT). On February 26 – the day before the inquest was due to begin and 16 months after it was first announced – EKHUT made a last-minute bid for anonymity covering the surgeon and a midwife also involved in both cases. The trust said they should not be named unless the inquest concluded they had passed on the infection, because of the "reputational damage" they would suffer, and because the surgeon's health was already being impacted by reports. Read full story Source: Medscape, 9 March 2023
  16. News Article
    A study cited at the infected blood inquiry as evidence that the devastating consequences of blood products contaminated with hepatitis could not have been foreseen, misrepresented the results of a trial in making its case, according to the Guardian. Up to 6,520 people are believed to have been infected with hepatitis C through imported factor VIII blood products in the 1970s and 80s, while a further 26,800 are estimated to have been infected with the virus though blood transfusions. About 2,000 people are estimated to have died as a result. The inquiry, which publishes its final report on 20 May, heard that the medical profession considered non-A and non-B hepatitis (later known as hepatitis C) as “relatively benign” at the time, with Pier Mannuccio Mannucci’s 2003 paper, 'Aids, hepatitis and haemophilia in the 1980s: memoirs from an insider', quoted in support of this proposition. Mannucci’s 2003 paper argued that the view held by “the great majority of haemophilia treaters was that the problem of hepatitis was a tolerable one, because the benefits of concentrates seemed to outweigh risks”. In making his argument, Mannucci cited his own work, writing: “A prospective biopsy study was undertaken by me … in 10 haemophiliacs with non-A, non-B chronic hepatitis followed up for more than six years. The study, published in 1982, demonstrated no case of progression towards cirrhosis or haepatocellular carcinoma.” However, the original 1982 report says that there were actually 11–not 10–people included in the study and “one patient with active cirrhosis died of liver failure during the follow-up period”. Who knew what about the risks and when is a key plank of the inquiry. Read full story Source: Guardian, 2 May 2024
  17. Content Article
    This Washington Post article looks at the lack of error and accident reporting in the US reproductive health and fertility industry. Unlike any other area of healthcare, no outside authority or agency regulates Never Events that happen at fertility providers. The authors highlight a case that allowed a glimpse into the industry, when legal action was taken against a San Francisco fertility centre where a storage tank imploded, damaging or destroying 4,000 human eggs and embryos. A jury later found that a manufacturing defect was largely to blame for the disaster but also implicated the actions taken by staff at the centre. The authors also highlight that patients are often asked to sign nondisclosure agreements as part of a legal settlement, which further restricts transparency when something goes wrong.
  18. News Article
    A bereaved father whose vulnerable son died after managing to escape from the Priory has called for a criminal inquiry into the mental health care group after the deaths of four more patients. Richard Caseby, who lost his son Matthew, has campaigned for three years against the privately run group after an inquest found his son’s death was contributed to by neglect. The 23-year-old was able to abscond from the hospital over a fence which had previously been identified as a risk. He was hit by a train just hours later. Now the Priory, one of the UK’s largest mental health providers, faces new scrutiny as coroners are set to examine the death of 20-year-old Amina Ismail, who died while at the Cheadle Royal Hospital in Stockport. Ms Ismail died in September 2023, a year after three other young women died at the same unit - Beth Matthews, 26, Lauren Bridges, aged 20, and 30-year-old Deseree Fitzpatrick. Mr Caseby, a former newspaper editor, told The Independent: “The Priory is a fundamentally dangerous company, one that persistently refuses to learn from its mistakes and neglect. The roll call of death and disgrace at its hospitals just gets longer.” Read full story Source: Independent, 25 April 2024
  19. News Article
    Lucy Letby is to apply for permission to appeal against her convictions for the murder and attempted murder of babies in her care. A panel of three judges at the Court of Appeal in London is due to consider the former nurse’s case later. The 34-year-old was handed 14 whole life terms last year. She was found guilty of murdering seven babies and attempting to murder a further six at the Countess of Chester Hospital between 2015 and 2016. Second stage Shortly after her trial ended in August, Letby applied for leave to appeal against her convictions. She lost the first stage of the process, in which a single judge reviewed her arguments as a paper exercise. Letby, originally of Hereford, now has the right to a second stage, which involves renewing her application before a panel of judges at a hearing at the Court of Appeal. Separately to the appeal, Letby is due to be re-tried on one charge of attempted murder, which the jury at her trial was unable to decide on. Read full story Source: BBC News, 2 April 2024
  20. Event
    until
    NHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 4: Pitfalls to prescribing better care Event programme: The invaluable role of pharmacists Common medicine error claims recommendations Q&A panel discussion Contributors: Joanne Hughes- Partner | Hill Dickinson Dr Anwar Khan - Senior Clinical Advisor for General Practice |NHS Resolution Register
  21. Event
    NHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 2: Helping general practice manage and learn from claims part 1 Event programme: Exploration through the use of an illustrative case study Q&A panel discussion Contributors: Chris Dexter - Partner | Weightmans Alison Brennan- Principal associate |NHS Resolution Register
  22. Event
    until
    NHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 3: Dissecting a claim part 2 Event programme: Exploration through the use of an illustrative case studyQ&A panel discussion Contributors: Chris Dexter - Partner | Weightmans Alison Brennan - Principal associate |Weightmans Register
  23. Event
    until
    NHS Resolution’s Safety and Learning team in collaboration with the NW panel law firms, are hosting a virtual forum series on learning from claims to promote reflection and improve patient care. The purpose is to raise awareness of the support offered by NHS Resolution as your General Practice indemnifier along with the North West panel firms; Weightmans, Hempsons and Hill Dickinson. This will be of interest to both clinical and non-clinical staff involved in patient care across primary and urgent care . The format is interactive, with presentations followed by questions and panel discussion. Session 1: Seeking support for claims The session will explain how NHS Resolution, and its panel firms, will support you in responding to claims along with an overview of the legal tests used to determine a claim and the steps involved. Event programme: Introduction to the GP Indemnity scheme and clinical negligence Q&A panel discussion Contributors: • Patricia Roe - Partner | Hempsons • Dr Anwar Khan - Senior Clinical Advisor for General Practice, NHS Resolution Register
  24. Content Article
    Medical errors happen all the time. They can be overlooked or they can lead to big lawsuits and settlements. But what they rarely lead to is an apology. However, increasingly, patients, families and healthcare professionals, are calling for a new approach, one that acknowledges the lasting damage that comes from a failure to address medical mistakes. In this report for US media company NPR, a Naomi and Jeff tell their story of losing their daughter Thalia to medical error following planned surgery. They report that concerns they and Thalia raised about their breathing were ignored by healthcare professionals, and Thalia died after her brain was starved of oxygen. The hospital didn't give an explanation or apology for Thalia's death.
  25. Content Article
    Italian law No. 24/2017 focused on patient safety and medical liability in the Italian National Health Service. The law required the establishment of healthcare risk management and patient safety centres in all Italian regions and the appointment of a Clinical Risk Manager (CRM) in all Italian public and private healthcare facilities. Through a survey, this study in Healthcare looks at the law's implementation since it was passed five years ago. The results demonstrate that it has not yet been fully implemented, revealing: a lack of adequate permanent staff in all the Regional Centres, with two employees on average per Centre. few meetings were held with the Regional Healthcare System decision-makers with less than four meetings per year. This reduces the capacity to carry out functions. the role of the CRMs is weak in most healthcare facilities, with over 20% of CRMs have other roles in the same organisation. some important tasks have reduced application, e.g., assessment of the inappropriateness risk (reported only by 35.3% of CRM) and use of patient safety indicators for monitoring hospitals (20.6% of CRM). the function of the Regional Centres during the Covid-19 pandemic was limited despite the CRMs being very committed. the CRMs' units undertake limited research and have reduced collaboration with citizen associations. Despite most of the CRMs believing that the law has had an important role in improving patient safety, 70% of them identified clinicians’ resistance to change and lack of funding dedicated to implementing the law as the main barriers to the management of risk.
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