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Event
Complaints resolution & mediation
Patient Safety Learning posted an event in Community Calendar
This course is suitable for anybody who deals with complaints as part of their job role, or anybody who may have to handle a complaint. This includes dedicated complaints teams & customer support teams and managers. The programme includes a section on handling complaints regarding Covid-19 - understanding the standards of care by which the NHS should be judged in a pandemic. A highly interactive and effective workshop to improve confidence and consistency in handling complaints. A simple model to facilitate effective responses will be shared and delegates will have the opportunity to practise the use of our unique AERO approach. For further information and to book your place visit https://www.healthcareconferencesuk.co.uk/conferences-masterclasses/complaints-resolution-and-mediation or email kerry@hc-uk.org.uk. hub members receive a 20% discount. Email info@pslhub.org for discount code. -
Content Article
NHS Resolution: Annual report and accounts 2022/23 (13 July 2023)
Mark Hughes posted an article in NHS Resolution
This annual report looks back at the work undertaken by NHS Resolution in 2022-23. NHS Resolution is an arm’s-length body of the Department of Health and Social Care, responsible for providing expertise to the NHS on resolving concerns and disputes fairly, sharing learning for improvement and preserving resources for patient care. -
Content ArticleGenerative AI is being heralded in the medical field for its potential to ease the burden of medical documentation by generating visit notes, treatment codes and medical summaries. Doctors and patients might also turn to generative AI to answer medical questions about symptoms, treatment recommendations or potential diagnoses. This article in JAMA Network looks at the liability implications of using AI to generate health information, highlighting that no court in the US has yet considered the question of liability for medical injuries caused by relying on AI-generated information.
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Content ArticleNHS Resolution has launched its first eLearning module that focuses on learning from the significant avoidable harm that can occur during antenatal and postnatal care and is seen in the cases notified to its Early Notification Scheme. This free resource is designed to support clinicians working in maternity services. The module uses three illustrative case stories to immerse learners into the antenatal, intrapartum and postnatal care provided to mothers and the neonatal care provided to their babies. It aims to deepen learners' understanding of NHS Resolution’s role within the healthcare system, develop their understanding of the law of negligence as applied to clinical claims and explore how clinical decisions and actions can lead to avoidable harm. The module takes approximately two-and-a-half hours to complete and can be used as evidence of CPD hours undertaken for revalidation.
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Content ArticleAs a doctor, receiving a letter from the GMC confirming that a complaint has been raised against you by a patient, and the GMC are now investigating that complaint, can be a frightening experience. This blog by solicitor Nicola Wheater, looks at how communication failings can lead to GMC complaints and describes what to expect from the process. She also highlights support available for doctors facing a GMC complaint.
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Content ArticleVisits from loved ones are vital to the health and wellbeing of people receiving care in care homes, hospitals and hospices. There have been concerns about visiting restrictions in health and care settings for several years, and the restrictions introduced in response to the COVID-19 pandemic exacerbated these concerns. While those restrictions were in place at the time to control the risk of transmission and keep people safe, it was detrimental for loved ones to have been kept apart or not to have had someone supporting them in hospital. Guidance is now clear that visiting should be encouraged and facilitated in all circumstances. This consultation seeks views on introducing secondary legislation to protect visiting as a fundamental standard across CQC-registered settings so that no one is denied reasonable access to visitors while they are resident in a care home, or a patient in hospital or a hospice. This includes accompanying people to hospital appointments (outpatients or diagnostic visits). Related reading on the hub: Visiting restrictions and the impact on patients and their families: a relative's perspective It’s time to rename the ‘visitor’: reflections from a relative
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Content ArticleFailure 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.
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Content ArticleIt 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.
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Content ArticleIn 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.
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Content ArticleIn 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?
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Content ArticleBackground to the independent review by Lewisham and Greenwich into Dr Chris Day's whistleblowing case.
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Content ArticleData 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.
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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. -
Content ArticleIf 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.
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Content ArticleWith 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.
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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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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 ArticleRegistered nurses at Alhambra Hospital Medical Center in Los Angeles, California, voted overwhelmingly in favor of ratifying a new three-year contract yesterday, winning protections to improve patient safety and nurse retention.. The collective bargaining agreement was the result of an almost six-month fight, which included an informational picket for patient safety and multiple other actions. So Hee Park, an ICU nurse at Alhambra, said, “We are so thrilled that after months of negotiations, we have ratified an agreement that provides substantial measures to ensure nurses feel supported and can continue to provide optimal patient care, as well as numerous provisions that will improve recruitment and retention of experienced nurses.” The contract includes several highlights that will help nurses create better outcomes for their patients, such as provisions for ensuring hospital compliance with existing registered nurse-to-patient safe staffing laws. The agreement also establishes a new Infectious Disease Task Force that will offer new protections against communicable diseases and guarantee levels of PPE supplies. The contract also expands workplace violence prevention plans for all hospital units, as well as stating that quality care be provided to all patients regardless of their immigration status. Under the contract, nurses will also receive proper orientation when they’re floated to new hospital units, improving care for patients. And, rather than being sent home at management's whims, RNs will be able to remain at work to provide meal and break relief to other nurses, bolstering safe staffing. These measures will ensure nurses are prepared to provide patients with the highest and safest levels of care possible, resulting in improved nurse retention at Alhambra, which will benefit the entire community long term. Read full story Source: National Nurses United, 10 November 2022
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News Article
Organ donation: Change to Northern Ireland law passes final hurdle
Patient Safety Learning posted a news article in News
Campaigners have welcomed the "life-saving" legislation to bring opt-out organ donation to Northern Ireland. The legislation, which will align Northern Ireland with the rest of the UK, passed its final stage in the assembly on Tuesday. It means people will automatically become donors unless they specifically state otherwise. Máirtín MacGabhann, whose son Dáithí is waiting on a heart transplant, said it was "phenomenal". The bill is to be known as 'Dáithí's Law' after the five-year-old whose family have campaigned for the law change. Mr MacGabhann said it was an emotional day for them. He told BBC NI's Evening Extra programme: "The most important thing, regardless of the name, is that it's passed its final stage and that life-saving legislation will go through." Read full story Source: BBC News, 9 February 2022 -
News ArticleSeveral drug companies have been fined £35 million for colluding to raise the cost of an anti-nausea drug used by cancer patients, taking the total fines stemming from a Times investigation to £400 million. The price paid by the NHS for prochlorperazine 3mg dissolvable tablets rose by 700%, from £6.49 a packet to more than £51, between December 2013 and December 2017, costing the NHS an extra £5 million a year. The Competition and Markets Authority (CMA) has ruled that several companies broke the law by fixing the market and agreeing not to produce a rival version of the drug, which is used to treat nausea and dizziness and can be prescribed to patients having chemotherapy. Andrea Coscelli, chief executive of the CMA, said: “The size of the fines reflects the seriousness of this breach. These firms conspired to stifle competition in the supply of this important medication, so that the NHS — the main buyer of the drugs — lost the opportunity for increased choice and lower prices.” He said the CMA would not “hesitate to take action like this against any businesses that collude at the expense of the NHS”. Read full story (paywalled) Source: The Times, 3 February 2022
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News ArticleThose harmed by the NHS will “have to pay again by losing access to justice” as a result of government plans to introduce fixed costs, campaigners have claimed. The Department of Health & Social Care has published long-awaited proposals for fixed recoverable costs for fast-track cases, and significantly chose to set the fees at levels recommended by defendant representatives, rather than higher ones proposed by the claimant side. Peter Walsh, chief executive of Action against Medical Accidents (AvMA), noted that the government consulted on similar proposals in 2017 and received a thumbs down from the majority of respondents. He said: “It is shocking that the government is still pushing to bring in these illogical and potentially unfair proposals rather than looking at the root causes of high costs and addressing them… “The government seems to have ignored the fact that the likely effect of these proposals would be that many people whose lives have been devastated by perfectly avoidable, negligent treatment will not be able to challenge denials or get access to justice. “In effect, the very people that the NHS has harmed through lapses in patient safety will have to pay again by losing access to justice. If lawyers are unable to claim for time they spend overcoming denials of liability, injured people will not be able to get legal representation.” Mr Walsh argued that the best way to save the NHS money was to improve patient safety to prevent these incidents in the first place, “and when mistakes do happen investigate them properly and make early, fair and appropriate offers of compensation without costly litigation”. Read full story Source: Legal Futures, 1 February 2022
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News Article
Legal costs for NHS negligence claims may be capped
Patient Safety Learning posted a news article in News
Lawyers’ fees for clinical negligence claims against the NHS could be capped under proposals being considered by ministers. Launching a consultation, the government said “tackling increasing and disproportionate legal fees” for cases worth less than £25,000 would protect NHS funding. The Department of Health said claimants’ legal costs for “lower value claims” were “currently more than four times higher on average” than the NHS’s legal costs in defending the claims. It cited a case in which lawyers claimed £72,000 in legal costs when the patient was awarded £3,000. Patient Safety Minister Maria Caulfield said: “I’m committed to making the NHS the safest healthcare system in the world. When harm does occur, it’s essential the NHS learns from what went wrong, and people who have been negligently harmed are entitled to claim compensation. “Unfortunately, we are seeing some law firms profiting at the NHS’ expense through legal costs that far outweigh the actual compensation awarded to patients. This diverts resources from the NHS frontline as staff work hard to tackle the COVID-19 backlogs. “Our proposals will cap legal costs for lower value claims to ensure they are fair and proportionate, and ensure patients’ claims are resolved as swiftly as possible without reducing the compensation they deserve.” A spokesman for Thompson’s Solicitors, which acts for patients in such claims, told iNews: “Costs already have to be reasonable, proportionate and necessary in order to be recoverable. The answer is for the NHS to admit fault quicker and not cause cases to drag on for years." Read full story Source: iNews, 31 January 2022 -
News Article
Leak reveals details of mortuary sex assaults inquiry
Patient Safety Learning posted a news article in News
The inquiry into sex offences carried out in a hospital mortuary will consider whether the trust board ‘received sufficient assurance’ about the issues raised by the assaults, documents shared with HSJ show. The draft terms of reference for the independent inquiry have been shared with the families of women and girls abused by maintenance supervisor David Fuller for comment. The inquiry will take place in two phases. The first phase – which will concentrate on Mr Fuller’s actions in Maidstone and Tunbridge Wells Trust – will look at his initial employment and access to the mortuary and other areas, and whether processes were appropriate. It will also in this phase “consider whether the trust’s board received sufficient assurance on the issues raised by the case”. But it will also seek to identify any evidence of “other inappropriate or unlawful activities” by Mr Fuller elsewhere on trust premises. It will review any evidence of concerns around his behaviour, and how the trust and the private contractors who later employed him addressed them. In a letter to the families, inquiry chair Sir Jonathan Michael says it is intended that the evidence sessions will be held in private “primarily to protect and safeguard the dignity and anonymity of those people that Fuller abused” but also to encourage people to be “candid”. It is unclear whether families or their legal representatives will be able to attend these private sessions – other than when they are giving evidence – and to raise questions. Read full story (paywalled) Source: HSJ, 28 January 2022 -
News ArticleNHS officials who accepted £70,000 in bribes to promote prescription drugs visited GP surgeries to “switch” patients’ medication, a court has heard. Paul Jerram and Dr David Turner have been accused of arriving at surgeries claiming to be on official business and changing a patient’s medication – a practice known as “switching”. James Hines QC prosecuting, told a trial at Southampton Crown Court that the two men had used their positions with the medicine management team of Isle of Wight Clinical Commissioning Group (CCG) and that if the doctors at the surgeries had known it was “not an official visit, they would have not allowed them to [make the changes]”. “They were effectively using their position with the NHS to farm out the services of the medicine management team and they received money to do so,” the court was told. Mr Hines QC said: “The prosecution case is that it is completely improper for an NHS professional secretly to promote a particular drug within the NHS to his fellow NHS healthcare professionals when he is in effect in the position of a paid influencer for the pharma company that manufactures that drug. “That is what was happening on the Isle of Wight for some years. “If it is your job within the NHS to review medication and drugs, and make recommendations or suggestions for alternative medicines to fellow NHS healthcare professionals, you are acting improperly if you secretly accept money from pharma companies, either directly or indirectly, to promote a particular medicine. Read full story Source: The Telegraph, 27 January 2022
