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Showing results for tags 'Legal issue'.
Found 577 results
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Content ArticleIn this video, Ian Long gives some legal context on the issue of consent.
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Content Article
Medical negligence: Diathermy burns
Patient Safety Learning posted an article in Legal matters
If you have suffered a diathermy burn during surgery, you will probably have a number of questions that need to be answered. For example, why did you wake up from surgery with a burn on your skin? Is this the fault of your surgeon? And is there any action you can take? -
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Autism Act 2009
Claire Cox posted an article in Legal matters
What is the Autism Act? The Autism Act 2009 was the result of two years of active campaigning, with thousands of National Autistic Society members and supporters persuading their MPs to back Cheryl Gillan MP’s Private Members Bill. It is the only act dedicated to improving support and services for one disability. -
Content ArticleThis powerful blog by Sarah Seddon discusses her experience during a 'fitness to practice' hearing. Sarah is a clinical pharmacist, however , has now found herself as a witness following the tragic death of her son Thomas. This blog explains what it is like for the witness during the process and how it made her feel.
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Re-consenting, an anonymous blog
Claire Cox posted an article in Consent issues
This anonymous blog high lights the vulnerability of patients, especially when it come to consent. This is a shocking account of events by a well informed patient when they were wrongly consented for a gynaecological procedure. -
Content ArticleThe Information Commissioner’s Office (ICO) has ruled the Royal Free NHS Foundation Trust failed to comply with the Data Protection Act when it provided patient details to Google DeepMind. The Trust provided personal data of around 1.6 million patients as part of a trial to test an alert, diagnosis and detection system for acute kidney injury. An ICO investigation found several shortcomings in how the data was handled, including that patients were not adequately informed that their data would be used as part of the test. The Trust has been asked to commit to changes ensuring it is acting in line with the law by signing an undertaking.
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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. -
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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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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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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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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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. -
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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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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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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. -
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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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. -
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. -
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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. -
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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.
