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Showing results for tags 'Legal issue'.
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Content Article
The Shipman Inquiry (2002-2005)
PatientSafetyLearning Team posted an article in Other reports and inquiries
Harold Fredrick Shipman was convicted at Preston Crown Court on 31 January 2000 of the murder of 15 of his patients while he was a General Practitioner at Market Street, Hyde, near Manchester and of one count of forging a will. He was sentenced to life imprisonment. On 1 February 2000, the Secretary of State for Health announced that an independent private inquiry would take place to establish what changes to current systems should be made in order to safeguard patients in the future. The Inquiry's First Report was published on 19 July 2002 and its Final Report on 27 January 2005.- Posted
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- Patient death
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Content ArticleThis investigation was prompted by evidence given to the Bristol Royal Infirmary Inquiry which spoke of the benefits of retaining hearts for the purpose of study and teaching and identified Alder Hey as holding the largest collection. Previously, the Director of the Association of Community Health Councils had expressed concerns about contraventions of the Human Tissue Act 1961 to the then Secretary of State for Health.
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- Children and Young People
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Content ArticleGov.uk has produced guidance for registered medical practitioners on meeting their duties under the Notification of Deaths Regulations 2019. The Notification of Deaths Regulations 2019 came into force on 1 October 2019. A copy of the Regulations can be found on the legislation website.
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- Patient death
- Regulatory issue
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Content ArticleThis case story is based on real events and NHS Resolution is sharing the experience of those involved to help prevent a similar occurrence happening to patients, families and staff. Although the case occurred in the emergency department there is learning for other departments. As you read about this incident, please ask yourself: Could this happen in my organisation? Who could I share this with? What can we learn from this?
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Content ArticleLaw firm Bevan Brittan summarises the new Guidance for registered medical practitioners on Notification of Deaths Regulations 2019 that came into force on 1 October 2019: When to notify a death? How to notify? What is the significance? Training on the regulations.
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- Patient death
- Regulatory issue
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Content ArticleThis guidance note is for general information purposes only. It is not exhaustive but does cover the essential elements needed for parties involved with pharmacy appeals.
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- Legal issue
- Complaint
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Content Article
Clinical Negligence Scheme for Trusts (CNST) rules
Claire Cox posted an article in NHS Resolution
The Clinical Negligence Scheme for Trusts was established by the Regulations originally made pursuant to Section 21 of the National Health Service and Community Care Act 1990 and now under Section 71 of the National Health Service Act 2006 as amended by the Health and Social Care Act 2012. The Scheme is administered on behalf of the Secretary of State by the National Health Service Litigation Authority (the Administrator). Members are expected to have full knowledge of the Rules and by applying to become Members they are deemed to agree to be bound by them. Subject to the approval of the Secretary of State, these Rules may be amended from time to time by the Administrator.- Posted
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Reporting claims to NHS Resolution (June 2017)
Claire Cox posted an article in NHS Resolution
This document sets out the requirements for when and how a member should report a new claim to NHS Resolution. It also provides other useful information, such as what to expect once a claim has been reported and common definitions. -
Content ArticleThis note provides guidance to those who may be approached to give a statement or evidence in court as a witness in a non-clinical claim case.
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Content ArticleThis note provides guidance to those who may be approached to give evidence as a witness if you were involved in providing care and treatment to a claimant on behalf of a Trust.
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- Legal issue
- protocols and procedures
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Content ArticleThis guidance by NHS Resolution, aims to provide advice for commissioners seeking to ensure that providers with which they are proposing to contract have in place adequate indemnity arrangements. Commissioners need to understand and take account of the differences in cover for clinical negligence risks purchased by healthcare organisations. Commissioners have an important role to play in ensuring that providers possess adequate indemnity. Crucially, they need to understand that in certain circumstances they will have to take over directly the liabilities of providers.
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- Organisational Performance
- protocols and procedures
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NHS Resolution: Giving evidence in court (September 2018)
Claire Cox posted an article in NHS Resolution
This note focuses on how you can prepare for giving evidence in court, the phases of giving evidence and top tips for presenting yourself professionally and credibly.- Posted
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Content ArticleThe distribution of malpractice claims among physicians is not well understood. If claim-prone physicians account for a substantial share of all claims, the ability to reliably identify them at an early stage could guide efforts to improve care. Using data from the National Practitioner Data Bank, Studdert et al. analysed 66,426 claims paid against 54,099 physicians from 2005 through 2014. The authors calculated concentrations of claims among physicians. They found over a 10-year period, a small number of physicians with distinctive characteristics accounted for a disproportionately large number of paid malpractice claims.
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- Negligence claim
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Bottle of Lies by Katherine Eban
Patient Safety Learning posted an article in Recommended books and literature
The troubles of Indian pharma companies abroad raise questions about the domestic drug regulator. Although Bottle of Lies, a book about the quality problems plaguing generic drugs, focuses on medicines intended for American consumers, the real and continuing victims of the failings described in the book are consumers in developing countries, including Indians. In May 2013, soon after the erstwhile Ranbaxy Laboratories admitted in an American court to selling adulterated drugs, journalist Katherine Eban published a gripping 10,000-word account of the saga in Fortune magazine. But the story left Eban wondering if Ranbaxy was an isolated case. Could there be more rotten eggs, she asked, given the United States Food & Drugs Administration’s (FDA) lax policing of overseas manufacturers? Bottle of Lies is the result of the multi-year investigation that followed.- Posted
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- Medication
- Patient death
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Content ArticleAction Against Medical Accidents (AvMa) is a UK charity for patient safety and justice. AvMA supports people affected by avoidable harm in healthcare; to help them achieve justice; and to promote better patient safety for all.
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Content ArticleThe Citizens Advice provides advice on how to take legal action to get compensation for clinical negligence.
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Sorry needn’t be the hardest word
Patient Safety Learning posted an article in Complaints
Nick Wright co-founder of the Apology Clause campaign wrote an article on why organisations need to say sorry The law supports apologies. The Compensation Act 2006 says “an apology, an offer of treatment or another redress, shall not itself amount to an admission of negligence or breach of statutory duty”. However, too many organisations put their fear of legal ramifications over what they see as their moral obligations. They fear if they apologise properly they will leave themselves open to legal action. That refusal to do the right thing can have serious and lasting impact on victims. A clear apology can lift the burden that victims very often carry for a long time after a trauma. It can enable them to move on. To stop blaming themselves. To stop re-living the most agonising moment. To rebuild.- Posted
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Bawa-Garba - Implications and the BMA's response (April 2018)
Claire Cox posted an article in Systems
This is the British Medical Association's (BMA) response to the Bawa-Garba case. Dr Bawa-Garba was taken to the High Court, where a ruling on the 4th November 2015 deemed her guilty of manslaughter of six year old Jack Adcock on the grounds of gross negligence.- Posted
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- Legal issue
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Content Article
Coroner’s inquests: A guide for learners (Health Education England)
Claire Cox posted an article in Inquests
Being called as a witness at an inquest is an infrequent event. It can however cause much anxiety and uncertainty. This guide is written to give advice to learners on how to prepare for an inquest and what support is available. -
Content ArticleAt a time of increasing regulatory scrutiny and medico-legal risk, managing serious clinical incidents within primary care has never been more important. Failure to manage appropriately can have serious consequences both for service organisations and for individuals involved. This is the first book to provide detailed guidance on how to conduct incident investigations in primary care. The concise guide: explains how to recognise a serious clinical incident, how to conduct a root cause analysis investigation, and how and when duty of candour applies covers the technical aspects of serious incident recognition and report writing includes a wealth of practical advice and 'top tips', including how to manage the common pitfalls in writing reports offers practical advice as well as some new and innovative tools to help make the RCA process easier to follow explores the all-important human factors in clinical incidents in detail, with multiple examples and worked-through cases studies as well as in-depth sample reports and analysis. This book offers a master class for anyone performing root cause analysis and aiming to demonstrate learning and service improvement in response to serious clinical incidents. It is essential reading for any clinical or governance leads in primary care, including GP practices, 'out-of-hours', urgent care centres, prison health and NHS 111. It also offers valuable insights to any clinician who is in training or working at the coal face who wishes to understand how serious clinical are investigated and managed.
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- Investigation
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Content ArticleThis paper from Leung and Porter, published in the BMJ, examines some of the legal issues of apologies and their implications for healthcare professionals.
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- Culture of fear
- Duty of Candour
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