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Found 572 results
  1. News Article
    The government has proposed new legislation to make patient visiting a legal right and also give the Care Quality Commission (CQC) fresh powers to enforce it. The Department of Health and Social Care has launched a consultation to seek views from patients, care home residents, families, professionals and providers on the introduction of new legislation which will require health and care settings, including hospitals, to accommodate visitors in most circumstances. It said the new visiting laws will also provide the CQC with a “clearer basis for identifying where hospitals and care homes are not meeting the required standard”, and enable it to enforce the standards by issuing requirement or warning notices, imposing conditions, suspending a registration or cancelling a registration. It said although the CQC currently has powers “to clamp down on unethical visiting restrictions”, the expected standard of visiting rules is not “specifically outlined in regulations”. Read full story (paywalled) Source: HSJ, 21 June 2023
  2. News Article
    Dozens of former patients are launching legal action against a group of scandal-hit children’s mental health hospitals after The Independent exposed a culture of “systemic abuse”. More than 30 people, some of who are still children, are taking action after claiming they were mistreated at children’s hospitals run by The Huntercombe Group between 2003 and 2023. Allegations include children being injured during restraint, inappropriate force-feeding and patients being over-medicated. Among the claimants are: A boy who has been left “traumatised” after being “drugged out of his mind” while staying at one of the hospitals. A girl who alleges she was groped by a member of staff and now needs more intensive inpatient care. A woman who says she was “forced to wee in bins” as there were not enough staff to take patients to the toilet. A mother of one claimant told The Independent: “It is diabolical, I hope [the claims] can stop them from doing any more damage because it is just awful. Our beautiful girl has just been so ruined by them.” Read full story Source: The Independent, 18 June 2023
  3. News Article
    An independent patient transport provider is taking legal action against the Care Quality Commission (CQC) after an inspection led to it being unable to operate for nearly three months. The company, called Specialist Medical Transport (SMT), transports many mental health patients between hospitals, and is used by numerous NHS commissioners and trusts. Its “north” division, which is based in North Shields, North Tyneside, was unable to operate between the middle of January and the end of March, which it says has led to reputational damage and loss of revenue. The inspectors, who visited in response to concerns raised by a whistleblower, found issues with paperwork on employment, risk assessments, and use of restrictive practices, including of some patients effectively in a “cell”, or handcuffed, in an ambulance. The CQC was also critical of the lack of processes to ensure patients had medicines, food, drink and access to toilets during the journey. However, SMT successfully appealed the CQC’s notice of decision at a first tier tribunal, which found the regulator’s decision “was not necessary, reasonable or proportionate”. Read full story (paywalled) Source: HSJ, 19 June 2023
  4. Content Article
    Failure to be aware of and to follow clinical guidelines and protocols could constitute clinical negligence, but not in all cases, and much will depend on the facts of each case. John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, discusses aspects of the law on clinical guidelines and other care management tools.
  5. News Article
    A menopause doctor says scammers using her name to illegally sell testosterone online are damaging women's health. Dr Louise Newson, who founded Newson Health, has warned patients a website has stolen her brand and logo and is selling the sex hormone unlawfully. "We do not sell medication directly to anyone online," she adds. Testosterone is illegal to sell or supply without a prescription from a health professional and currently unlicensed in the UK for use by women. However, the National Institute for Health and Care Excellence (NICE) recommends it can be considered as a supplement for menopausal woman to treat low sexual desire if HRT alone is not effective. Dr Newson, whose private clinics operate in Stratford-upon-Avon, London, Southampton and Bournemouth, said medication was only prescribed after a consultation with a clinician. "As far as we are aware no Newson Health patients have fallen victim to this scam and we sincerely hope this remains the case," she said. The practice is working with relevant organisations to have the fraudulent website taken down, she added. Read full story Source: BBC News, 16 June 2023
  6. News Article
    “Stop killing us,” protesters across Poland chanted this evening, demanding the legalisation of abortion, after reports reached the media of a pregnant woman’s death in a hospital in May. On Monday, Poland’s patients’ rights ombudsman, Bartłomiej Chmielowiec, said that the John Paul II hospital should have told 33-year-old Dorota Lalik that her life could be saved through an abortion. The hospital violated her rights by withholding the information, the ombudsman ruled. The woman died in the hospital in Nowy Targ, in the south of the country, on 24 May, three days after her admission. “No one told us that we had practically no chance for a healthy baby … The entire time they were giving us false hope that everything will be OK … that [in the worst case] the child will be premature,” Lalik’s husband told Polish media. “No one gave us the choice or the chance to save Dorota, because no one told us her life was at risk.” Read full story Source: The Guardian, 14 June 2023
  7. Content Article
    It is hard to separate litigation from the debate surrounding patient safety and the quality of healthcare. When we talk about developing an NHS patient safety culture, issues such as litigation and clinical negligence costs always seem to feature somewhere in discussions. In this article in the British Journal of Nursing by John Tingle, Lecturer in Law at Birmingham Law School, outlines approaches to improving patient safety in the NHS and examines the extent to which these have been driven by the desire to reduce litigation.
  8. Content Article
    In this blog, Paul Whiteing, Chief Executive of Action Against Medical Accidents (AvMA), highlights how proposed changes to the UK legal system will affect people who have been harmed by healthcare and their families' access to justice. He describes the negative impact of legislation that would make claims less than £100,000 subject to a fixed cost regime. Paul writes, "The consequence of a fixed cost regime is that where the patient wins their case against the healthcare provider, the costs awarded will be capped at the rates set by Parliament." Related reading Read our Patient Safety Spotlight interview with Paul.
  9. News Article
    More than three quarters of all multimillion-pound NHS medical negligence payouts are the consequences of failures in maternity care, new figures show. In total, 364 patients or families received the highest-value compensation payments of at least £3.5 million after suing the NHS last year. Of those, 279 (77%) were maternity-related damages, according to figures from NHS Resolution. The large payouts have been offered to parents whose babies were stillborn or suffered avoidable life-changing disabilities or brain injuries. Maternity makes up the bulk of NHS compensation payments. There were more than 10,000 clinical negligence claims brought against the NHS in 2021-22, with a total value of more than £6 billion. Maternity accounted for 62% of payments, or £3.74 billion. When taking into account all cost of harm, including future periodic payments and legal costs, the cost of compensating mothers and their families rises to £8.2 billion a year. Analysis by The Times Health Commission found that this is more than twice the £3 billion spent by the NHS annually on maternity and neonatal services. Maternity claims have increased during the past decade amid a string of high-profile scandals and a shortage of midwives. Read full story (paywalled) Source: The Times, 12 June 2023
  10. News Article
    More than three years after Boris Johnson announced a nationwide lockdown, the Covid investigation will cover every aspect of the UK’s pandemic response. More than three years after the first lockdown began, two years after the last one ended, the public hearings are at last starting. Over the months that come the inquiry will have many questions to answer. Should we have locked down earlier? Should we have not locked down at all? Did we eat out to help restaurants out, or eat out to help the virus out? Could more have been done to protect care homes from infection? Should more have been done to protect residents from loneliness? Baroness Hallett, the judge presiding, said her chief role is “to determine whether [the] level of loss,” in the broadest sense of the word, “was inevitable or whether things could have been done better”. Read full story (paywalled) Source: The Times, 13 June 2023
  11. Content Article
    This is part of our series of Patient Safety Spotlight interviews, where we talk to people working for patient safety about their role and what motivates them.  Paul talks to us about how AvMA helps people who have suffered direct or indirect medical harm and to help them to seek justice, why upcoming changes to the legal system could restrict access to clinical negligence claims and the importance of compassionate engagement in improving harmed patients’ experiences of the healthcare system.
  12. Content Article
    In this blog, specialist medical negligence solicitor Maria Panteli discusses the upcoming investigation and possible inquests into deaths relating to jailed breast surgeon Ian Paterson. She looks at what families of those affected by his treatment can expect and covers topics including:What happens at a Pre-Inquest Review?Who takes part in an inquest?How can the medical negligence solicitors help?
  13. Content Article
    Data from NHS Resolution indicates that the number of claims with a primary cause of ‘Fail to warn - Informed consent’ have increased from 128 to 248 claims per year in 2011–2012 and 2021–2022 respectively. This letter in the British Journal of Surgery highlights the impact of failures in both the process and documentation of informed consent. The writers call for further research to investigate unwarranted variation in claims and develop processes to standardise and improve the quality of consent.
  14. Content Article
    Background to the independent review by Lewisham and Greenwich into Dr Chris Day's whistleblowing case.
  15. News Article
    A group of doctors, including some GPs, has begun legal proceedings against the GMC based on what they say is a failure to act on Covid-19 vaccine misinformation. On Friday, the group, whose members wish to remain anonymous, sent a formal pre-action protocol letter to the GMC, which is a warning that legal action is imminent. In January, these doctors called on the regulator to investigate Dr Aseem Malhotra’s fitness to practise due to what they claim is his ‘high-profile promotion of misinformation about Covid-19 mRNA vaccines’. Dr Malhotra, a consultant cardiologist, campaigner and author, has over half a million followers on Twitter, with most recent posts focusing on the Covid vaccine. The upcoming action, which is led by lawyers from the Good Law Project, is based on the GMC’s refusal to carry out an investigation. Professor Trish Greenhalgh, a GP and academic in primary care at the University of Oxford who has been in touch with the group, told Pulse the ‘scandal is that the GMC do not think it’s their job to investigate doctors who have massive, massive followings on social media and who fan the flames of disinformation’. Read full story Source: Pulse, 5 June 2023
  16. News Article
    Northern Ireland GPs are being hit with bills of thousands of pounds as they are sued by patients coming to harm on hospital waiting lists. Family doctors are being taken to court by their patients as a result of spiralling hospital waiting lists — even though GPs are not responsible for the crisis. It comes as official figures show 14% of the population — around one in seven — had been waiting longer than a year for an outpatient or inpatient appointment at the end of March. The growing risk to patient safety, as the health service struggles to cope with demand, and the potential for primary care doctors to be held accountable have been blamed as reasons for the rising number of GPs who are handing back their contracts. Sixteen GP surgeries in Northern Ireland have handed back contracts in recent months, bringing the key NHS service closer to collapse. Read full story Source: Belfast Telegraph, 30 May 2023
  17. News Article
    The depth of suffering in care homes in England as Covid hit has been laid bare in a court case exposing “degrading” treatment with residents being “catastrophically let down”. Care levels at the Temple Court care home in Kettering collapsed so badly in April 2020, when ministers rushed to free up NHS capacity by discharging thousands of people, that residents were left lying in their own faeces, dehydrated, malnourished and suffering necrotic, infected wounds, the Care Quality Commission found. Fifteen of its residents died with Covid in the first weeks of the pandemic. The case foreshadows the UK Covid-19 public inquiry module on the care sector, which next year will test Matt Hancock’s claim to have thrown “a protective ring around social care”. The prosecution resulted in a £120,000 fine handed down at Northampton magistrates court last week. The operator, Amicura, apologised but said it had been “acting in the national interest and supporting the NHS by accepting patients discharged from hospitals into care homes under government policy”. Read full story Source: The Guardian, 29 May 2023
  18. News Article
    Claims for damages by more than 170 people who say they were affected by hormone-based pregnancy test drugs have been thrown out by a High Court judge. The drugs, including Primodos, were given to women to test if they were pregnant from the 1950s to 1970s and alleged to have caused birth defects. But the judge ruled there was no new evidence linking the tests with foetal harm and "no real prospect of success". Campaigners say they are "profoundly disappointed" with the judgement. Legal action had been brought against three drug companies - Bayer Pharma, Schering Health Care, Aventis Pharma - as well as the government in a bid for compensation. However, they argued there was no evidence of a "causal association" between the hormone pregnancy tests and the harm suffered by the claimants. Marie Lyon, chair of the Association for Children Damaged by Hormone Pregnancy Tests, said she was "profoundly disappointed" with the judgement. "We do not accept the defendants' claim that our evidence did not provide sufficient scientific evidence and look forward to the additional scientific evidence, to support our original argument, which is due to be published shortly," she added. Read full story Source: BBC News, 28 May 2023 Further reading on the hub: Patient Safety Spotlight interview with Marie Lyon, chair of the Association for Children Damaged by Hormone Pregnancy Tests
  19. Content Article
    If you are faced with a Care Quality Commission (CQC) criminal investigation into you or your service it is vital that you take prompt action. In this article, Gemma Nicholas consider CQC’s criminal enforcement powers, how the CQC uses its powers and action providers can take.
  20. News Article
    A 14-year-old girl who should have been under constant supervision at a mental health hospital died after a member of staff on his first shift left her unattended, an inquest has heard. Ruth Szymankiewicz died at Taplow Manor Hospital in Maidenhead on 12 February 2022 after a care worker responsible for her one-to-one supervision “sporadically” left his post, the hearing was told. It also emerged at the hearing that the care worker, who is now abroad, was allegedly using a fake name. Detectives are investigating him as part of a fraud investigation although he has not yet been interviewed by police. After Ruth’s death, the Care Quality Commission launched a criminal investigation. In an update to the coroner, it said that the investigation was looking at whether the provider had “brought about avoidable harm or exposure to risk” in relation to the young girl’s death. Read full story Source: The Independent, 26 May 2023
  21. News Article
    Ambulance chiefs have warned a controversial piece of legislation could lead to legal action against their trusts by patients denied an ambulance. The Strikes (Minimum Service Levels) Bill, which is currently going through Parliament, would enable the health and social care secretary to set minimum levels of staffing for ambulance call centres and crews. Employers would be able to issue “work notices” compelling staff to provide cover during any strike. But, in its response to the government consultation on how the system would work, the Association of Ambulance Chief Executives has said it does not support the legislation in its current form as it does not believe it will deliver an improvement for patients, or offer a practical means of delivering minimum service levels. It said the proposed legislation appears to pass responsibility for the service levels to employers, which could leave them “exposed to patient liability risks to a greater extent than before”. Read full story (paywalled) Source: HSJ, 22 May 2023
  22. Content Article
    With the Supreme Court having recently heard the Worcestershire appeal on local authority responsibility for section 117 aftercare, Bevan Brittan consider the current legal framework for health responsibility.
  23. News Article
    Healthcare providers caring for pregnant patients in the months after the US Supreme Court’s decision to strike down Roe v Wade have been unable to provide standard medical care in states where abortion is effectively outlawed, leading to delays and worsening and dangerous health outcomes for patients, according to an expansive new report. In the wake of the Supreme Court’s ruling last year, individual reports from patients and providers have shed some light on the wide range of harm facing pregnant women in states where access to abortion care is restricted or outright banned. But a first-of-its-kind report from the University of California San Francisco captures examples from across the country, documenting 50 cases in more than a dozen states that enacted abortion bans within the last 10 months, painting a “stark picture of how the fall of Roe is impacting healthcare in states that restrict abortion,” according to the report’s author Dr Daniel Grossman. “Banning abortion and tying providers’ hands impacts every aspect of care and will do so for years to come,” he said in a statement accompanying the report. “Pregnant people deserve better than regressive policies that put their health and lives at risk.” Read full story Source: The Independent, 16 May 2023
  24. Content Article
    A new report presents the preliminary findings of the Care Post-Roe Study, and shows how US healthcare providers have been unable to provide the standard of care in states with abortion bans since the Supreme Court struck down Roe v. Wade ten months ago, leading to harm and negative health outcomes for patients. The report shows that healthcare providers have seen increased morbidity, exacerbated pregnancy complications, an inability to provide time-sensitive care, and increased delays in obtaining care for patients in states with abortion bans. This has impacted both patients and providers and has deepened the existing inequities in the health care system for people of colour.
  25. News Article
    Nurses fear they could be taken to court or struck off over the level of care they are able to give to patients, a union has warned, as the NHS stands on the brink of six more months of strikes. The Royal College of Nursing, one of the two unions to turn down the recent government pay offer to NHS staff, revealed that over nine in 10 A&E nurses had raised concerns that patients may be receiving unsafe care and that patient dignity, privacy and confidentiality is compromised. Six in 10 fear they will be struck off the nursing register or have a court case brought against them as a result of patient harm due to their working conditions, the RCN said. Ms Cullen insisted that patient safety is “at the centre of everything that we do” but warned that it “cannot be guaranteed on any day of the week”, given it is missing 47,000 nurses “every single day and night”. Speaking before its annual congress in Brighton, which begins on Monday, some nurses described themselves as “broken” and feeling “suicidal”, with corridor treatment being deemed “degrading for patients” and as “destroying staff morale”. Read full story Source: The Independent, 15 May 2023
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