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Showing results for tags 'Legal issue'.
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News ArticleHealthcare 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
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Content ArticleA 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.
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News ArticleNurses 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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Content ArticleApproximately 8% of US doctors experience a malpractice claim annually. Most malpractice claims are a result of adverse events, which may or may not be a result of medical errors. However, not all medicolegal cases are the result of medical errors or negligence, but rather, may be associated with the individual nature of the patient-doctor relationship. The strength of this relationship may be partially determined by a physician’s emotional intelligence (EI), or his or her ability to monitor and regulate his or her emotions as well as the emotions of others. This review evaluates the role of EI in developing the patient-physician relationship and how EI may influence patient decisions to pursue medicolegal action.
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Content ArticleCourt of Protection Handbook: a user’s guide addresses in detail the practice and processes of the Court of Protection n terms that are aimed not only at lawyers but also to the increasing numbers of people who either by choice or otherwise are involved in proceedings before the Court of Protection without legal help.
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News ArticleThe death rates for black women in childbirth were revealed in a recent report from MPs and were described as “appalling”, yet action, not words, are needed for what could be considered breaches of the Human Rights Act. Ministers are not giving priority to reducing the gap in health inequalities, write Nicola Wainwright and Suleikha Ali in a commentary to the Times. "If the response to the review is foot-dragging from the government and senior health service officials, then legal action may be the only way to draw focus to this issue and to try to reduce the number of ethnic minority women and babies dying unnecessarily." The report, published by the women and equalities committee last month, highlights the “glaring and persistent” disparities faced by ethnic minority women compared to their white counterparts with regards to pregnancy and birth. However, these same disparities have been known and reported on for 20 years, while progress on improving the situation has been shockingly slow. Read full story (paywalled) Source: The Times, 11 May 2023
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News Article
USA: Two hospitals broke law by denying abortion
Patient Safety Learning posted a news article in News
US federal health officials say two hospitals broke the law by denying an abortion to a woman experiencing a life-threatening emergency. The hospitals, in Kansas and Missouri, are now being probed by the Department of Health and Human Services (HHS). The investigation is the first of its kind to be launched since the Supreme Court invalidated the national right to an abortion last year. After the Supreme Court ruling, the White House warned hospitals that doctors must provide abortions if the health of the patient is at risk - even in states that have banned abortion. "Fortunately, this patient survived. But she never should have gone through the terrifying ordeal she experienced in the first place," HHS Secretary Xavier Becerra said in a statement seen by BBC News. "We want her, and every patient out there like her, to know that we will do everything we can to protect their lives and health, and to investigate and enforce the law to the fullest extent of our legal authority, in accordance with orders from the courts." Read full story Source: BBC News, 1 May 2023 -
News Article
Hyponatraemia inquest an opportunity for the truth, mother says
Patient Safety Learning posted a news article in News
The mother of a nine-year-old girl who died from hyponatraemia has said a new inquest that started today is "an opportunity for truth". Raychel Ferguson, from Londonderry, died at the Royal Belfast Hospital for Sick Children in June 2001. Her parents, Ray and Marie Ferguson, have long campaigned to find out the truth about their daughter's death. Hyponatraemia is an abnormally low level of sodium in blood and can occur when fluids are incorrectly administered. Mrs Ferguson said the fact there was a second inquest "speaks to the culture of cover up that has plagued her death, involving the medical and legal professions". An inquiry in 2018 into the deaths of five children in Northern Ireland hospitals, including Raychel, found her death was avoidable. The 14-year-long inquiry into hyponatraemia-related deaths was heavily critical of the "self-regulating and unmonitored" health service. In January 2022, a new inquest opened but was postponed in October after new evidence came to light. Read full story Source: BBC News, 2 May 2023 -
Content ArticleThis briefing by the NHS Confederation provides overview and analysis of the health and care bill.
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News Article
Nurses' strike in England to be cut short after court ruling
Patient Safety Learning posted a news article in News
A 48-hour strike by nurses in England over the Bank Holiday weekend will be cut short by a day after a High Court judge ruled it was partly unlawful. The walkout in a row over pay by the Royal College of Nursing, due to start on Sunday, will now end on Monday. RCN chief Pat Cullen said this was "the darkest day" of the dispute so far and the government needed to negotiate. Downing Street said it was "regrettable" the government had to go to court and it had tried to avoid it. Health Secretary Steve Barclay took legal action after NHS Employers said the last day of the planned strike was not covered by the mandate as the ballots closed on 2 November at midday. The judge Mr Justice Linden ordered the RCN to pay the costs of the hearing, saying the union had showed "a high degree of unreasonableness", the outcome was "inevitable" and "instead of grasping the nettle and conceding" it had forced the case to court. Read full story Source: BBC News, 27 April 2023 -
News Article
Ministers in legal move to cut nurse strike short
Patient Safety Learning posted a news article in News
Health Secretary Steve Barclay is to ask judges to rule whether part of the next nurse strike is unlawful. The government wants the High Court to assess whether Tuesday - the last day of the walkout in England - falls outside the Royal College of Nursing's six-month mandate for action. It believes the mandate will have lapsed by Tuesday - the 48-hour strike is due to start at 20:00 BST on Sunday. The RCN accused ministers of using "draconian anti-union legislation". Mr Barclay's decision to take legal action follows a request from hospital bosses. The RCN argues the strike falls within the required six-month period from when votes were cast in its ballot for industrial action. But NHS Employers said it had legal advice that the action would be unlawful. Read full story Source: BBC News, 24 April 2023 -
News Article
NHS threatens legal action to block second day of nurses’ strike
Patient Safety Learning posted a news article in News
The NHS has launched a legal challenge that could end in the high court to block the second day of an upcoming strike by tens of thousands of nurses. Officials at NHS Employers wrote to the Royal College of Nursing (RCN) on Wednesday saying the union’s plans for a two-day strike were unlawful. In response, it is understood the RCN has said it will “forcibly resist” employers’ attempts to seek a high court injunction designed to block the strike, which they insist is lawful. The threat raises the possibility of a high court clash between NHS lawyers backed by the government and those of the nursing union. It also highlights the increasingly bitter relationship between the government and those representing workers on the frontline of the health service. Read full story Source: The Guardian, 20 April 2023 -
News Article
Mifepristone: US Supreme Court delays abortion pill access decision
Patient Safety Learning posted a news article in News
The US Supreme Court has extended until Friday a temporary block on limits to access of a popular abortion pill. A Texas judge suspended approval of abortion drug mifepristone on 7 April, questioning its safety. Parts of that decision were upheld on appeal, prompting the Biden administration to make an emergency request to the Supreme Court. It's the most significant such case since the Supreme Court last year ended the nationwide right to abortion. The pill - used in more than half of abortions in the US - was first approved by the Food and Drug Administration (FDA) more than two decades ago. Critics say that by overriding the FDA's approval, the court in Texas has usurped the federal health agency's remit to regulate food, medicine, and medical devices. Legal experts warn the ruling opens the door for challenges to other approved medicines in the US and could also stifle development of future drugs. Read full story Source: BBC News, 20 April 2023 -
News Article
Dr Michael Watt tribunal was 'unlawful corner-cutting exercise'
Patient Safety Learning posted a news article in News
A tribunal which allowed a doctor's voluntary removal from the medical register was an "unlawful corner-cutting exercise", a judge has said. Neurologist Michael Watt was at the centre of Northern Ireland's biggest recall of patients. The Medical Practitioners Tribunal Service (MPTS) allowed him to voluntarily remove himself in 2021. It meant he would not face a public hearing about any fitness to practice issues. More 2,500 patients who were in his care had their cases reviewed - with around one in five having their diagnosis changed. Having already quashed the decision to grant removal, Mr Justice McAlinden delivered a scathing assessment of how the application was handled on Monday. In Belfast's High Court, he described the process where Dr Watt's request was heard without the necessary jurisdiction as a "fiasco". The court also heard how Dr Watt appeared to have a "get out of jail free card" where patients were denied public scrutiny of their medical care. Read full story Source: BBC News, 17 April 2023 -
News Article
Nine out of 10 beauty clinics breaking the law by advertising Botox
Patient Safety Learning posted a news article in News
Nine in 10 beauty clinics are breaking the law by advertising Botox, new research reveals, sparking fresh concern that Britain’s booming £3.6bn cosmetic treatments industry is like the “wild west”. Academics at University College London (UCL) found 88% clinics in London are flouting regulations intended to protect public health banning the advertising of Botox and other forms of botulinum toxin. The disclosure prompted warnings the illegal advertisements could help persuade vulnerable people to undergo injections that could leave them feeling traumatised. Promotion of the anti-ageing substance is illegal because it is a prescription-only medicine, which cannot be advertised under the Human Medicines Regulations 2012. A group of beauty professionals who are seeking to rid the industry of its reputation for dubious practices said the findings showed consumers were being subjected to “a tsunami of untamed and unrestricted promotional activity that presents a threat to public protection and patient safety”. Read full story Source: The Guardian, 14 April 2023 -
News Article
Probe opened into deaths of 650 patients treated by jailed breast cancer surgeon
Patient Safety Learning posted a news article in News
The deaths of 650 patients treated by a breast cancer surgeon who was convicted of maiming hundreds are being investigated, it has been reported. Once one of the country’s leading doctors, Ian Paterson carried out thousands of operations before he was jailed for uneccesarily performing hundreds of life-changing surgeries. The Sunday Times has now revealed medical experts are sifting through the records of women who were cared for by the disgraced surgeon over more than twenty years. He is currently serving a 20-year jail term, having been found guilty of 17 counts of wounding with intent. Many of the procedures, which took place between 1997 and 2011, had “no medically justifiable reason”, a court heard. According to The Sunday Times, 27 inquests have been opened in cases where coroners “believe there is evidence to have reason to suspect that some of those deaths may be unnatural”. Read full story Source: The Independent, 16 April 2023 -
EventRhys Hadden, a barrister from Serjeants’ Inn Chambers, will consider: Key case law and important updates from the past 12 months; Any updates on the revisions to the Code of Practice to the Mental Capacity Act 2005; and What is the latest with the Liberty Protection Safeguards? Register
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Content ArticleNine care home workers are facing trial for neglecting, verbally abusing and deliberately antagonising extremely vulnerable patients at Whorlton Hall. The six men and three women, aged 25-54, are being prosecuted after a reporter went undercover and filmed the behaviour for a BBC Panorama documentary. George Julian repots on the case at Teesside crown court in Middlesbrough.
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Content ArticleIn this article, critical criminologist Sharon Hartles looks at the ongoing fight for justice by families affected by the hormone pregnancy test (HPT) Primodos. Primodos was given to thousands of women in the 1960s and 70s which has been linked to miscarriages, birth defects and stillbirth. The Department of Health and Social Care (DHSC) and pharmaceutical company Bayer are applying to strike out court proceedings against them in a civil litigation case brought by the Association for Children Damaged by Hormone Pregnancy Tests (ACDHPT). This would prevent a five-day hearing scheduled to take place at the Royal Courts of Justice in May 2023 from going ahead. The article outlines the argument brought by the DHSC and Bayer that no additional evidence has been found to warrant the case being brought by the ACDHPT. It then goes on to highlight recent research that has established a causal link between HPTs and birth malformations and that therefore gives credence to the litigation. Sharon highlights the importance of the legal system acknowledging and confronting the damage inflicted upon the families affected by the use of Primodos, many of whom have been seeking justice for decades. Related reading Primodos, mesh and sodium valproate: Recommendations and the UK Government’s response (Sharon Hartles, August 2021) Sodium Valproate: The Fetal Valproate Syndrome Tragedy A year on from the Cumberlege Review: Initial reflections on the Government’s response (Patient Safety Learning, 23 July 2021)
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Event
Bevan Brittan webinar: Extravasation & clinical negligence
Sam posted an event in Community Calendar
Amy Walsh, an experienced IV nurse, will address the clinical negligence issues surrounding extravasation including: incidence and aetiology, presentation and recognition, management, treatment and prognosis of this iatrogenic injury. Register -
News Article
NHS Trust deaths probe could get full legal powers
Patient Safety Learning posted a news article in News
The government is actively considering whether to give full legal powers to an independent inquiry investigating the deaths of mental health patients. Roughly 2,000 deaths at the Essex Partnership University NHS Foundation Trust (EPUT) are being examined. The BBC understands Conservative Health Secretary Stephen Barclay is minded to make the inquiry statutory, which would compel witnesses to come forward. Only 11 current and former trust staff have agreed to give live evidence. Melanie Leahy, whose son Matthew died aged 20 while an inpatient at the Linden Centre in Chelmsford, said families were "definitely" a step closer to what they had campaigned for. "We just need it converted [to a statutory inquiry] - it's just delay after delay after delay and we need those powers," she told BBC Essex. Read full story Source: BBC News, 3 April 2023 -
News Article
Government reviews whistleblowing laws
Patient Safety Learning posted a news article in News
A review of the whistleblowing framework – the laws that support workers who blow the whistle on wrongdoing in the workplace – has been launched by the Government. The review will seek views and evidence from whistleblowers, key charities, employers and regulators. Whistleblowing refers to when a worker makes a disclosure of information which they reasonably believe shows wrongdoing or someone covering up wrongdoing. Workers who blow the whistle are entitled to protections, which were introduced through the Public Interest Disclosure Act 1998 (PIDA). Successive governments have taken steps to strengthen whistleblowing policy and practice. It provides a route for employees to report unsafe working conditions and wrongdoing across all sectors. This was keenly felt during the height of the Covid-19 Pandemic, when the Care Quality Commission and Health and Safety Executive recorded sharp increases in the number of whistleblowing disclosures they received. The review will gather evidence on the effectiveness of the current regime in enabling workers to speak up about wrongdoing and protect those who do so. The evidence gathering stage of the review will conclude in Autumn 2023. Read full press release Source: Gov.UK, 27 March 2023 -
News Article
Assisted dying inquiry hears people in UK face ‘unbearable suffering’
Patient Safety Learning posted a news article in News
People dying in the UK face “uncontrollable” pain and “unbearable suffering”, which palliative care alone cannot fix, according to the first evidence to a major new parliamentary inquiry asking if assisted dying should finally be legalised. In a shocking submission in favour of a law change, Molly Meacher told the Commons health and social care committee that the reality of end of life could include vomiting faeces, endless nausea and decaying tumours that smelled so bad they drove people out of hospital wards. People “are existing, they’re not living”, the crossbench peer and chair of the charity Dignity in Dying told the committee inquiry, which comes eight years after the House of Commons last considered changing legislation in 2015. Arguing strongly against any law change, Ilora Finlay, a crossbench peer and palliative care physician warned of the risk of “elder abuse” being worsened by a law change and said wider availability of palliative care, which remains patchy in the UK, must instead be a priority. Charles Falconer, a Labour peer and former Lord Chancellor, described the current situation, where dying people sometimes withdraw their own treatment rather than taking drugs to end their life, as “a mess”. He proposed that assisted dying should be available only to terminally ill people and not those facing “unbearable suffering”, as others have suggested. A diagnosis would be needed from two doctors plus approval from high court judge. “The bills that have been proposed [previously but defeated] say the person who decides to have an assisted death must have the capacity to make that decision,” he said. Read full story Source: The Guardian, 28 March 2023 -
News Article
Australia: brain surgeon defends slapping patient after surgery
Patient Safety Learning posted a news article in News
The high-profile Australian neurosurgeon Charlie Teo admits making an error by going “too far” and damaging a patient, but maintains she was told of the risks. The doctor on Monday appeared at a medical disciplinary hearing to explain how two women patients ended up with catastrophic brain injuries. Teo also defended allegations that he acted inappropriately by slapping a patient in an attempt to rouse her after surgery, contrasting it with Will Smith’s notorious slap of Chris Rock at the Academy Awards last year. “It wakes them up and it wakes them up pretty quickly. And I will continue to do it.” Charlie Teo tells inquiry he ‘did the wrong thing’ in surgery that left patient in vegetative state One of the issues the panel of legal and medical experts is considering is whether the women and their families were adequately informed of the risks of surgery. Both women had terminal brain tumours and had been given from weeks to months to live. They were left in essentially vegetative states after the surgeries and died soon after. “We were told he could give us more time,” one of the husbands said, according to court documents. “There was never any information about not coming out of it". Read full story Source: The Guardian, 27 March 2023 -
News ArticleThe UK is supposed to have one of the best systems in the world for preventing vulnerable people being exploited for their organs. How then did one of its biggest hospitals become embroiled in the macabre trade of kidney harvesting? The UK’s first trial organ trafficking trial has exposed alarming vulnerabilities to a illegal trade that makes up 10% of transplants worldwide. The case has highlighted how poverty can tempt some people to sell their body parts to those willing to exploit an acute global shortage of organs for donation. The case heard that doctors at a private renal unit at London’s Royal Free hospital and the regulators, the Human Tissue Authority (HTA), were fooled by Dr Obinna Obeta, into approving his kidney transplant in July 2021. As the prosecutor, Hugh Davies, said: “If there’s a lesson to be learned here – those clinicians need to set the index of suspicion for safeguarding somewhat lower.” Dominique Martin, a professor of health ethics at Australia’s Deakin University who studies organ trafficking, said the case highlighted the need for robust vetting by hospitals and regulators. She said: “There is a level of complacency, including in the UK, the US and Australia regarding the risks of organ trafficking happening within our borders. Screening programmes may not be as strong as we assume or as consistently implemented as we might expect.” Read full story Source: The Guardian, 23 March 2023
