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Found 570 results
  1. Content Article
    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.
  2. Content Article
    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.
  3. Content Article
    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.
  4. Content Article
    This paper from Leung and Porter, published in the BMJ, examines some of the legal issues of apologies and their implications for healthcare professionals.
  5. Content Article
    Health care law is evolving particularly rapidly during the COVID-19 pandemic. For example, as the COVID-19 pandemic continues, families in England who have lost loved ones to the virus are considering filing clinical negligence claims. Perhaps in part due to the general, heightened public awareness of rights to sue for clinical negligence, people in the UK are now considering taking legal action against the National Health Service (NHS) for improper, negligent COVID-19 treatment. In cases of clinical negligence during COVID-19, a key issue centers around whether medical practitioners followed relevant clinical guidelines. John Tingle explores this further in his blog for the Bill of Health. John Tingle is a regular contributor to the Bill of Health blog and is a Lecturer in Law at Birmingham Law School in the UK and a Visiting Professor of Law, Loyola University Chicago, School of Law.
  6. Content Article
    This paper, published in BMJ Quality & Safety, provides national estimates of the number and clinical and economic burden of medication errors in the National Health Service (NHS) in England. Authors conclude that ubiquitous medicines use in health care leads unsurprisingly to high numbers of medication errors, although most are not clinically important. There is significant uncertainty around estimates due to the assumption that avoidable adverse drug events correspond to medication errors, data quality and lack of data around longer-term impacts of errors. Data linkage between errors and patient outcomes is essential to progress understanding in this area.
  7. Content Article
    Clinical negligence claims are often built upon a lack of adequate documentation of what was said and allegations that patients have not been properly counselled about risks and alternatives. Elizabeth Thomas explores in this HSJ article what this means for the increasingly significant role of telemedicine and the steps which can go a long way in reducing the burden on patients and the public purse
  8. Content Article
    This commentary from Nigel Poole, was published in the Journal of Patient Safety and Risk Management. Nigel discusses how the coronavirus pandemic will affect clinical negligence litigation in England and Wales. Subsections include: context is all the pandemic is not a license to act negligently expert evidence delay backlog in litigation a reduction in the number of new claims.
  9. Content Article
    Joanna is a Partner in the law firm Bevan Brittan LLP. In our interview, Joanna talks about her role supporting healthcare staff through the legal and investigatory processes that follow an adverse event, and why we must do all we can to maximise the opportunity to learn when things go wrong in healthcare.
  10. Content Article
    This article, published by the British Medical Journal, argues that the NHS cannot afford to divert more and more money to litigation and we need to tackle the problem at source. Tim Draycott and colleagues set out four principles to reduce avoidable harm: Invest in staffing and infrastructure Really commit to learning Learn from high performance Enable and support system-wide safety improvements.
  11. Content Article
    The objective of this study, published in Health Services Research, was to determine whether a communication and resolution approach to patient harm is associated with changes in medical liability processes and outcomes.
  12. Content Article
    The purpose of these three films is to share insights about inquests and support all staff working in the NHS who are called to give evidence, so that they can prepare well following the death of a patient in their care.  They are intended to be used as a stand-alone product by those called to be a witness as well as integrated as a part of full inquest training package.
  13. Content Article
    This article, published by the Royal College of Obstetrics and Gynaecology (RCOG), talks about the 2015 Supreme Court decision on Montgomery vs NHS Lanarkshire. The Ruling has significant implications for doctor–patient communications, information sharing and informed consent. Since the ruling, the College leadership has been meeting with medico-legal experts to fully understand the impact on the profession and to determine the RCOG’s role in supporting our members to work within a shared decision-making model.
  14. Content Article
    Sarah O'Neill, Family Liaison Manager, Solent NHS Trust, presented at the recent Bevan Brittan seminar on the role of family liaison. The presentation slides are attached.
  15. Content Article
    Presentation from Joanna Lloyd, Bevan Brittan, on incident investigations.
  16. Content Article
    In this article, published by Birmingham City University, Criminologists Professor Elizabeth Yardley, Professor David Wilson and Emma Kelly discuss the report found that 450 patients died after being given powerful painkillers inappropriately at Gosport War Memorial Hospital. "To kill multiple people requires not just the presence of a determined killer but the absence of protectors and guardians. When no one is looking out for the interests of the vulnerable, the vulnerable become the victims. Within organisations, failed protectors and guardians find strength in each other, denying responsibility, eschewing accountability and playing ping-pong until (they hope) people will just go away and stop demanding answers."
  17. Content Article
    The Prolonged disorders of consciousness national clinical guidelines are a major contribution to clinical and ethical standards of care for people with prolonged disorders of consciousness (PDOC) – including vegetative (VS) and minimally conscious states (MCS) – following sudden onset brain injury, not only in the UK but internationally. For England and Wales, they provide much-needed clarity on legal decision-making. The guidelines were developed by the PDOC Guideline Development Group, which included representation of patients/users and a wide range of stakeholders and professionals involved in the management of patients with PDOC. People in a vegetative or minimally conscious state present a complex array of medical, ethical and legal challenges.
  18. Content Article
    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.
  19. Content Article
    This innovative educational initiative was developed as a direct and constructive response to the communication inadequacies exposed by the Montgomery case, and subsequent legislation. While it is not difficult to give ‘more information’ it is harder for surgeons and patients to achieve a decision partnership. The ICONS workshop content has been informed by internationally recognised experts in Shared Decision Making, by consensus among senior practising surgeons, by patients and by professional experts in risk management and risk communication. Delegates on the ICONS workshops will acquire skills and knowledge to implement best practice in sharing the complex decisions surrounding informed consent. By participating in a workshop, they will also contribute to the development of resources for future training in the important area of informed consent.
  20. Content Article
    In this editorial. Peter Walsh reflects on 20 years as Chief Executive of Action against Medical Accidents (AVMA) as he retires from the role. AvMA also marks its 40th anniversary this year, and Peter examines the organisation's unique role in focusing on patient safety and justice for patients. He highlights that healthcare systems and patient safety practice still have a long way to go in offering fairness and support to families affected by avoidable harm in healthcare, and argues that focusing on patients and their families must be a top priority when looking at system safety. He highlights the vital role that AvMA has played in bringing Duty of Candour into law in the countries of the UK, and argues that legal action is an important right that must be retained for patients and families who have come to harm as a result of medical error. He also talks about AvMA's recent development of a Harmed Care Pathway in collaboration with the Harmed Patients Alliance, which outlines the specific set of needs that should form part of a package of care for harmed patients and families.
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