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Content ArticlePart of the Justice Matters podcast series.
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Content ArticleDerek Richford talks to Rob Behrens about the loss of his newborn grandson, Harry, at East Kent Hospitals University Trust. He explains how his sheer persistence uncovered the truth of what went wrong and eventually led to a criminal investigation at the Trust. He also tells us what organisations involved in the complaint process can learn from his family's tragic experience.
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Content ArticleThis guide, developed by the charity Action Against Medical Accidents (AvMA), aims to provide support for people seeking legal advice about a possible clinical negligence claim. It is intended to provide information about what to expect from a first meeting with a lawyer and how to prepare for this.
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Content ArticleThis article in the Nursing Times explains how the law has evolved and how it applies to nursing practice, describing the legal duty of nurses to obtain informed consent from their patients before carrying out any treatment or intervention, and why informed consent is fundamental to the provision of person-centred care.
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Content ArticleThis video, produced in conjunction with Royds Withy King Solicitors, provides a quick overview of AvMA’s services and how volunteers help them to deliver the vital support people need after experiencing medical harm.
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Content ArticleIn order to obtain compensation for harm arising out of medical treatment received within the NHS in Scotland, the elements needed to establish negligence under the law of delict must be satisfied. The Scottish government has expressed the view that a no-fault compensation scheme in relation to clinical negligence claims made against the NHS in Scotland could be simpler than the existing litigation system and could support the development of the concept of a mutual NHS, as well as a positive feedback and learning culture. With this in mind, the government considers that such a scheme is the favoured way forward for the NHS in Scotland. This report reviews and analyses existing no-fault schemes in a number of countries/jurisdictions: New Zealand (NZ); Nordic countries (Sweden, Finland, Denmark, Norway); and the schemes operating in Virginia and Florida (United States) for birth-related neurological injury.
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Content Article
JCP Solicitors: NHS Redress Scheme
Patient Safety Learning posted an article in Legal matters
The NHS Redress Scheme, also known as the “Putting Things Right Scheme,” is a method of handling and investigating complaints about the NHS service within Wales. In NHS Redress claims, redress may consist of an apology, or a financial award of compensation of up to £25,000.00 (The limit for the NHS Redress Compensation claims). JCP Solicitors explains the Redress Scheme and how to claim under the scheme. -
Content ArticleThe Once for Wales Concerns Management System Programme was developed from the recommendations made by Keith Evans in the Welsh Government report – “The Gift of Complaints” and is aimed at bringing consistency to the use of the electronic tools used by all NHS Wales health bodies. All organisations currently have varying versions and modules of the DatixWeb and DatixRichClient systems. Following a successful competitive tender, which really tested and explored the market, RLDatix Ltd have been awarded the contract for 5 years, with an opportunity to extend this period if it is successful. The solution is known as DatixCloudIQ and has many enhanced features compared to other systems. It is a new Datix.
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Content ArticleIn this blog for the British Journal of Nursing, John Tingle, Lecturer in Law at Birmingham Law School, considers the two opposing viewpoints on the need for change in the clinical negligence litigation system. He concludes that reducing the costs of litigation with require more than refining how the system of compensation works. He states that the way care is delivered in the NHS needs to be examined at a more fundamental level.
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Content ArticleOn 22 September 2021 the Health and Social Care Select Committee launched a new inquiry examining the case for reform of NHS litigation, identifying concerns regarding a significant increase in clinical negligence costs and missed opportunities for learning to improve patient safety. Here is the Association of Personal Injuries Lawyers' response to the call for evidence for the Health and Social Care Select Committee Inquiry. Related reading Patient Safety Learning's response to the NHS Litigation Reform AvMA's response to the NHS Litigation Reform
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Content ArticleThe Royal College of Nursing (RCN) has created an information hub containing resources related to their campaign for safe staffing, including: principles for staffing for safe and effective care: accountability, numbers, strategy, plans, education. information about safe staffing law and the RCN's campaigning work across England, Northern Ireland, Scotland and Wales. RCN Nursing Workforce Standards. advice for nurses in dealing with unsustainable pressure at work.
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Content ArticleIn this opinion piece for the BMJ, the authors argue that shortcomings in protection from contracting Covid-19 at work arise from legislation being ignored. They argue that government departments, including the Department of Health and Social Care and the Department for Education, did not adequately emphasise the legal obligations of employers to protect their employees health during the pandemic. The article states that laws dating back to the 1974 Health and Safety at Work Act make it a legal requirement for employers to ensure the health of their employees and of patients, students, and site visitors.
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Content ArticleThis article in the Journal of Minimally Invasive Gynaecology provides an interpretation of the 2014 US Food and Drug Administration (FDA) statement on power morcellation, a gynaecological procedure in which a device is used to slice up fibroid tissue for extraction through small incisions. Although use of power morcellation makes surgery less invasive, it has been shown to spread cancer if it exists within the patient's tissues. This article looks at the legal impact of the FDA statement, which warns against using laparoscopic power morcellators in the majority of women undergoing hysterectomy or myomectomy for uterine fibroids.
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Content ArticleThis article in The BMJ discusses the consequences for practising doctors of the 2015 Montgomery v Lanarkshire Case. The case was brought by Nadine Montgomery, a woman with diabetes and of small stature, after she delivered her son vaginally and experienced complications during the birth which resulted in her son having cerebal palsy. Her obstetrician had not disclosed the increased risk of this complication in vaginal delivery, despite Montgomery asking if the baby’s size was a potential problem. The Supreme Court ruling in her favour established that a patient should be told whatever they want to know, not what the doctor thinks they should be told.
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Content ArticleDiagnosis lies at the heart of the medical encounter, yet it has received much less attention than treatment. It is widely assumed that negligent diagnosis claims should be governed by the Bolam test, but in this paper, Liddell et al. demonstrate that this is not always the case.
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This is the second in our new series of Patient Safety Spotlight interviews, where we talk to different people about their role and what motivates them to make health and social care safer. Marie talks about her campaign for justice for families affected by hormone pregnancy tests, why she is passionate about reforming medicines regulation and the important role patient campaigners play in improving patient safety. -
Content ArticleThe Muckamore Abbey Hospital Public Inquiry is a statutory inquiry established under the Inquiries Act 2005, to examine the issue of abuse of patients at Muckamore Abbey Hospital (MAH). It aims to determine why the abuse happened and the range of circumstances that allowed it to happen. The purpose of the Inquiry is to ensure that such abuse does not occur again at MAH or any other institution in Northern Ireland which provides similar services. This website contains all documentation, reports and news about the inquiry.
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Content ArticleOn Wednesday 26 January, the All-Party Parliamentary Group for First Do No Harm (APPG FDNH) held a virtual public meeting on the topic of redress schemes for those who have suffered avoidable harm linked to pelvic mesh, sodium valproate and Primodos. This meeting was an opportunity to hear from representatives of various patient groups about what victims need and what they are missing from current support mechanisms. Below is a recording of the meeting.
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Content Article
APIL report: The value of compensation (January 2022)
Patient Safety Learning posted an article in Legal matters
The essential purpose of compensation is to, as far as possible, enable the person who has suffered from negligent medical treatment to get back to a ‘normal life’, i.e. the position they were in prior to the negligence occurring. The impacts of negligence are wide-ranging and include job loss, poor physical health, financial troubles, relationship breakdowns and a loss of self-identity and self-worth. Patients who have suffered negligent medical treatment may be able to take legal action against the NHS and claim compensation if it can be shown that the negligence has directly resulted in injury. Patients can take legal action on behalf of themselves or on behalf of their next of kin if that person doesn’t have capacity to pursue action themselves or has died as a result of the negligence. -
Content Article
On Wednesday 26 January, the All-Party Parliamentary Group for First Do No Harm (APPG FDNH) held a virtual public meeting on the topic of redress schemes for those who have suffered avoidable harm linked to pelvic mesh, sodium valproate and Primodos. This meeting was an opportunity to hear from representatives of various patient groups about what victims need and what they are missing from current support mechanisms. The meeting heard from Kath Sansom, founder of the Sling the Mesh campaign. Attached is the speech she presented and results from the Sling the Mesh survey. View the recording of the public meeting -
EventRhys Hadden, a barrister from Serjeants’ Inn Chambers, will consider: Key case law and important updates from the past 12 months; Any updates on the revisions to the Code of Practice to the Mental Capacity Act 2005; and What is the latest with the Liberty Protection Safeguards? Register
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Event
Bevan Brittan webinar: Extravasation & clinical negligence
Sam posted an event in Community Calendar
Amy Walsh, an experienced IV nurse, will address the clinical negligence issues surrounding extravasation including: incidence and aetiology, presentation and recognition, management, treatment and prognosis of this iatrogenic injury. Register -
EventThis Westminster conference will discuss the next steps for addressing rising clinical negligence costs in the NHS. It will be an opportunity to examine the future direction for reform, following the government consultation on lower value clinical negligence claims. Sessions focus on the way forward for learning from mistakes and litigation, improving patient safety, and supporting healthcare staff involved in clinical negligence claims. Delegates will also examine options for streamlining the processing of claims, international best practice, and the potential for moving towards a no-fault system proposed by the Health and Social Care Committee. Overall, areas for discussion include: the current landscape - assessing the factors driving rising clinical negligence costs - the impact of the COVID-19 pandemic on increased risk of claims from diagnosis and treatment delays impact of policy developments - including the increasing use of technology and the move to integrated care - addressing variation and inequalities - changes in the Health and Care Act next steps - priorities for the development of approaches that encourage the health system to learn from mistakes - assessing the potential impact of a no fault system efficiency: opportunities to improve the timeliness and cost-effectiveness of claims resolution the potential for a mandatory system of fixed recoverable costs in low value claims implications for the future direction of system reforms patient safety and protecting healthcare staff - next steps for learning from claims - developing collective learning - using best practice guidelines - support for the ethnic minority workforce international examples - lessons from approaches to clinical negligence claims in other countries - how they might be applied effectively in England NHS Resolution’s strategy to 2025 - which sets out aims to reduce harm, distress and costs, and use indemnity arrangements to drive change across the health system. Agenda Registration
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EventJoin this Royal Society of Medicine conference to learn some of the key medico-legal issues that impact upon GPs/primary care. The overarching aim is to improve patient safety in both primary and secondary care via learning from incidents and better understanding the indemnity provisions in place for GPs/primary care and how that feeds back into learning. The aim of this meeting is to review and promote an understanding of recent legal and regulatory developments, with a specific emphasis on inquests, clinical negligence and incidents in the primary care sector, and their impact upon patient safety. Additionally, we will also discuss issues that those in secondary care should also be aware of. Register
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Event
Complaints resolution & mediation
Patient Safety Learning posted an event in Community Calendar
This course is suitable for anybody who deals with complaints as part of their job role, or anybody who may have to handle a complaint. This includes dedicated complaints teams & customer support teams and managers. The programme includes a section on handling complaints regarding Covid-19 - understanding the standards of care by which the NHS should be judged in a pandemic. A highly interactive and effective workshop to improve confidence and consistency in handling complaints. A simple model to facilitate effective responses will be shared and delegates will have the opportunity to practise the use of our unique AERO approach. For further information and to book your place visit https://www.healthcareconferencesuk.co.uk/conferences-masterclasses/complaints-resolution-and-mediation or email kerry@hc-uk.org.uk. hub members receive a 20% discount. Email info@pslhub.org for discount code.
