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Showing results for tags 'Legal issue'.
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EventJoin the Patient Safety Movement for a unique opportunity to view the award-winning HBO hit film Bleed Out and talk with the filmmaker, Steve Burrows afterwards. Bleed Out is the harrowing HBO feature documentary film that explores how an American family deals with the effects of medical malpractice. After Judie Burrows goes in for a routine partial hip replacement and comes out in a coma with permanent brain damage, her son, Steve Burrows, sets out to investigate the truth about what really happened. The documentary film takes place in real time over a span of ten years. Tickets
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Event
32nd Annual Clinical Negligence Conference
Patient Safety Learning posted an event in Community Calendar
untilThis event is for clinical negligence specialists. The very best medical and legal experts will ensure that you stay up to date with all the key issues, developments and policies in clinical negligence and medical law. The programme this year will have a focus on obstetrics, whilst also covering many other key medico-legal topics at such an important time for clinical negligence practitioners. Register -
EventuntilThis event will cover the major issues currently affecting medical negligence litigation, patient safety and access to justice in Ireland, and highlighting the impact of Covid. Delegates will get to ask questions to the speakers during the live Q&A at the end of the event. At such an important time for those working in medical law and patient safety in Ireland, this is a very timely event that you cannot afford to miss. Register
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EventuntilDevelop your career in clinical negligence. This is the course for those who are new to the specialist field of clinical negligence. The event is especially suitable for trainee and newly qualified solicitors, paralegals, legal executives and medico-legal advisors. It will provide the fundamental knowledge necessary to develop a career in clinical negligence. Expert speakers with a wealth of experience will cover all stages of the investigative and litigation process relating to clinical negligence claims from the claimants’ perspective. Register
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EventuntilSir Robert Francis QC, Retired Barrister (specialising in medical law) and Queen’s Counsel. Before his retirement from full-time practice earlier this year, Sir Robert sat as a Recorder (part-time Crown Court judge) and as a Deputy High Court Judge. Sir Robert will be joining Professor Roger Kirby (RSM President) for an interesting discussion on his wide-ranging legal career, including previous inquiries such as the Freedom to Speak Up Review. He will also be talking about patient quality and care in the UK, and his view on the COVID-19 pandemic. Register
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Content ArticleThis study presents the findings of ‘The concept of seriousness in fitness to practise’ project commissioned by the General Dental Council (GDC) and the Nursing and Midwifery Council (NMC). The project took place between December 2019 and September 2021 and investigated how seriousness in Fitness to Practise (FtP) cases is understood and applied by health professions regulators. The research aimed to: develop an understanding of how the concept of seriousness in relation to misconduct is defined and applied by professional regulators, and to identify the considerations that influence that application. achieve a clearer understanding of the similarities and differences in approaches across regulation and reasons for these. describe the relationship between professional misconduct, enforcement actions and the statutory objectives of healthcare regulation.
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Content Article
Vaginal mesh: The forgotten women (4 July 2022)
Patient Safety Learning posted an article in Women's health
Mesh survivors Katherine Cousins and Mary McLaughlin talk about their ongoing fight for justice for women suffering due to vaginal mesh. -
Content ArticleDiscussion on issues relating to vaginal mesh implants from 29 Jun 2022.
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Content ArticleComplications of surgical mesh procedures have led to legal cases against manufacturers worldwide and to national inquiries about their safety. The aim of this study from Keltie K et al. was to investigate the rate of adverse events of these procedures for stress urinary incontinence in England over 8 years.
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Content ArticleIt is important that patients understand the risks, benefits and alternatives associated with their treatment, but there is often a gap in patients' actual understanding of these issues. There is now substantial evidence showing that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. However, in spite of the evidence, PDAs are still rarely used in clinical settings. This article in the journal Maine Law Review looks at how the monetary incentive of a professional liability insurance premium reduction could encourage doctors in the USA to increase the use of PDAs.
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Content ArticleFrom 28 June 2022, courts and tribunals will have new powers to allow reporters and other members of the public to observe hearings remotely. The purpose of this practice guidance is to help judicial office holders understand and apply the new law.
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Content Article
Ministry of Justice Annual Report and Accounts 2020‑21
Patient Safety Learning posted an article in Legal matters
The Ministry of Justice and its agencies deliver prison, probation and youth custody services; administer criminal, civil and family courts and tribunals; and support victims, children, families and vulnerable adults. -
Content ArticleRepresentatives from Mesh Ireland and Mesh Survivors have this week appeared before the Oireachtas Health Committee, where questions were raised about access to vital diagnostic machines and treament for women who have had vaginal mesh implants put in. Vaginal mesh devices were used to treat issues in women after childbirth, or in their later years, and while it’s not known how many procedures were carried out, it’s believed there were more than 10,000 on the public system alone. Women have experienced painful complications as a result of the procedure and Founder of the Mesh Survivors Ireland Campaign, Melanie Power, who’s a solicitor from Meelick, says many women are unable to work and can’t afford the cost of ongoing treatment. She believes questions need to be answered on why women affected by a post-natal procedure which can cause chronic pain are being means tested for the medical card. Listen to the full interview on Clare FM below.
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Content ArticleIn the first in a two-part series looking at the work of the coroner, James Sira talks to Derek Winter about the role of the coroner, medical examiner, and the coroner’s inquest. Derek is HM Senior Coroner for the City of Sunderland and was appointed as one of the two Deputy Chief Coroners of England and Wales in 2019. He has conducted a wide range of cases in the 15 years he has spent as a coroner and has modernised the Sunderland coroner service. Most intensive care doctors will at some point in their career be required to provide a statement for or give evidence at a coroner’s inquest, and this can be a daunting experience.
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Content ArticleMesh complications are rare and in most cases relatively minor. However, in a small number of cases they can be serious. These include mesh erosion/extrusion (when the mesh pokes through the vaginal wall or cuts through internal tissue), vaginal scarring, fistula formation, painful sex, bladder infection or perforation (piercing), bowel and nerve trauma and pelvic, back and leg pains. Some of these complications may occur years after surgery and can be difficult to treat. Serious complications are rare, given the tens of thousands of women who have had the implants, but can be life-changing for some women. As a result of concerns raised by mesh-affected women, in April 2018 the then Secretary of State for Health and Social Care, Jeremy Hunt MP, announced a review into the use of vaginal mesh. The review was led by Baroness Julia Cumberlege and recommendations made in the report of the Independent Medicines and Medical Devices Safety (IMMDS) “First Do No Harm”. The Government published its response to the IMMDS Review in July 2021.
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Content ArticleThe Royal Society's science and the law programme brings together scientists and members of the judiciary to discuss and debate key areas of common interest and to ensure the best scientific guidance is available to the courts. The judicial primers project is a unique collaboration between members of the judiciary, the Royal Society and the Royal Society of Edinburgh. Designed to assist the judiciary when handling scientific evidence in the courtroom, the primers have been written by leading scientists, peer reviewed by practitioners, and approved by the Councils of the Royal Society and the Royal Society of Edinburgh. Each primer presents an easily understood and accurate position on the scientific topic in question, as well as considering the limitations of the science, challenges associated with its application and an explanation of how the scientific area is used within the judicial system. The primers are created under the direction of a Steering Group chaired by Dame Anne Rafferty and distributed to courts in conjunction with the Judicial College, the Judicial Institute, and the Judicial Studies Board for Northern Ireland.
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Content ArticleThis ITV documentary tells the story of how surgeon Ian Paterson duped his patients into believing they had cancer and performed unnecessary surgeries on them, before he was caught and jailed for 20 years in 2017. It features personal accounts of patients who were harmed by Paterson while he worked in NHS and private practice. Further reading: Report of the independent Inquiry into the issues raised by Paterson (4 February 2020) Patient Safety Learning’s response to the Paterson Inquiry (11 February 2020) Government response to the independent inquiry report into the issues raised by former surgeon Ian Paterson (16 December 2021)
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Content ArticleThis study by Sir Robert Francis QC looks at options for a framework for compensation for the victims of the infected blood tragedy. Sir Robert will give evidence about his work to the Infected Blood Inquiry in July. Before then, it is important that the Inquiry, and recognised legal representatives of its infected and affected core participants, have an opportunity to consider his work.
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Content Article
UK Government guidance - Whistleblowing for employees
Patient-Safety-Learning posted an article in Whistle blowing
This guidance by the UK Government provides information and advice for employees who want to understand their rights regarding whistleblowing. It includes information on: What is a whistleblower? Who is protected by law Complaints that count as whistleblowing Who to tell and what to expect What to do if you're treated unfairly after whistleblowing -
Content ArticleIn this three-year strategy, NHS Resolution outlines its strategic priorities to 2025. The four priority areas in the new strategy are: Deliver fair resolution – focussing our resources to avoid patients and healthcare staff having to go through formal processes that can be distressing and costly Share data and insights to improve services – sharing our unique data and insights to reduce risk and help improve the healthcare system Collaborate to improve maternity outcomes – working with others in the maternity care system to reduce neonatal harm Invest in our people and systems – building up our corporate capacity and capabilities internally to support the health and legal systems. These priorities aim to help the organisation contribute to: a reduction in harm to patients. a reduction in the distress caused to patients and healthcare staff involved when a claim or concern arises. a reduction in the cost required to deliver fair resolution. This will release public funds for other priorities, including healthcare. ensuring indemnity arrangements are a driver for positive change across the healthcare system. NHS Resolution has also produced a video summary of the strategy.
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Content Article"Shaming and punishing healthcare workers when an incident occurs sets a dangerous precedent for the industry. This will lead to a culture where healthcare workers avoid reporting near misses or errors for fear of repercussions, allowing process inefficiencies and systemic problems to occur." In this letter, Michael Ramsay, CEO of the Patient Safety Movement Foundation, highlights the negative ways in which criminalising healthcare workers who make mistakes will affect patient safety. He refers to the case of RaDonda Vaught, a nurse who was convicted of criminally negligent manslaughter in March 2022 for a medication error made while working at Vanderbilt University Medical Center in Nashville.
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Content ArticleIn this letter to Maria Caulfield MP, the All Party Parliamentary Group (APPG) First Do No Harm raises concerns that several recommendations from The Independent Medicines and Medical Devices Safety (IMMDS) Review have not so far been taken up by the government. The IMMDS Review looked at how the health system responds to reports from patients about harmful side effects from medicines and medical devices. It specifically looked at the cases of Primodos (a hormone pregnancy test), sodium valproate (an epilepsy medication) and pelvic mesh, and found that significant harm had been caused as a result of problems in the regulatory system and the reporting of side effects. It made a number of key recommendations to the government. The APPG highlights the urgent need to establish a redress scheme for those who have suffered avoidable harm related to the products in the IMMDS Review, a recommendation for which there is widespread cross-party support. They also express disappointment that the government continues to promote the litigation route for those who have suffered harm, arguing that it is an adversarial and difficult process for patients and families who have already suffered significant harm. The letter does recognise that the government has decided to appoint a Patient Safety Commissioner, as recommended by the IMMDS Review, and highlights the significance of this step.
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Content ArticleThe Dr. Lorna Breen Health Care Provider Protection Act in the USA aims to reduce and prevent suicide, burnout, and mental and behavioural health conditions among healthcare professionals. Healthcare professionals have long experienced high levels of stress and burnout, and COVID-19 has only exacerbated the problem. While helping their patients fight for their lives, many health care professionals are coping with their own trauma of losing patients and colleagues and fear for their own health and safety. This bill helps promote mental and behavioural health among those working on the frontlines of the pandemic. It also supports suicide and burnout prevention training in health professional training programs and increases awareness and education about suicide and mental health concerns among health care professionals.
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Content ArticleBoth the US Senate and the House of Representatives passed a bill to “improve the mental and behavioral health among health care providers” that President Biden signed on Friday. The Dr Lorna Breen Health Care Provider Protection Act is named after Lorna Breen, a New York City emergency medicine physician who died by suicide in April 2020, as Covid-19 raged across the city and the country. By all accounts a tireless worker, she was ultimately overwhelmed by what she experienced during those dark early days of the pandemic. Even before the coronavirus pandemic, health care institutions were struggling with maintaining the wellness of their workforces. Rates of burnout, depersonalisation, and emotional exhaustion were all significantly higher among healthcare workers than in the general population. Even more alarming, physicians and nurses complete acts of suicide at rates significantly higher than workers in other professions. The pandemic added fuel to this fire, as healthcare workers fought to provide care to legions of sick patients amid staffing and equipment shortages. Before the pandemic, approximately 40% of health care workers reported feeling burnt out. Now, between 60% and 75% of US healthcare workers report feeling emotionally drained and depressed. Clearly, something has to change. With the Breen bill, Congress hopes to halt this tragic wave of depression and burnout among health care workers by providing grants to hospitals and other health care organisations to “promote mental health and resiliency among health care providers.” Yet the solution the Breen bill proposes will not lead to meaningful change. Giving hospitals money to “promote wellness” will not magically heal healthcare workers. During the pandemic, hospitals across the country put up signs lauding their workers as heroes. Though hospital administrators may have given themselves pats on the back for such efforts, the signs meant little to those working without adequate personal protective equipment, or telling family members they could not visit dying loved ones, or wondering if they'd bring Covid home to their families and friends. The signs haven’t stopped scores of workers from leaving the healthcare field.
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Content Article
The operation that ruined my life (BBC Panorama, 29 November 2022)
Sam posted an article in Women's health
Women across the UK are suffering after an operation they were told would transform their lives. Instead, some of them say their lives have been ruined. For years women have been fitted with mesh-like devices to treat prolapse or incontinence - often caused by childbirth. Although it's been a successful treatment for many of them, thousands of women in the US, the UK and Australia are now suing, after finding themselves in agony or suffering other serious complications.
