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News Article
NHS whistleblower wins £500,000 for unfair dismissal
Patient Safety Learning posted a news article in News
A “commended” NHS nurse has been awarded nearly £500,000 for being wrongly sacked after she claimed that high workloads led to a patient’s death. Linda Fairhall, 62, a 44-year veteran of the health service, said she made 13 separate pleas to bosses warning that her colleagues were overburdened, but she was ignored each time. Fairhal told officials at the University Hospital of North Tees and Hartlepool that she was worried about a recently imposed policy that obliged nurses to monitor patients who took prescribed medicines and maintained that it led to nurses having to conduct 1,000 extra patient visits a month without extra resources. She said nurses were overwhelmed by the additional responsibility, which resulted in rising “anxiety” among staff and higher rates of absence. However, Fairhall told the tribunal in Teesside that nothing was done in response to her concerns, and ultimately a patient died. The tribunal heard that the nurse raised her last warning with officials just before she went on annual leave. On her return she was suspended and investigated for “bullying and harassment”, then sacked for gross misconduct. A tribunal has now ruled that the decision to dismiss Fairhall was “materially influenced” by her complaints regarding patient safety, with the panel adding that it could not “genuinely believe” that she was guilty of misconduct. Read full story (paywalled) Source: The Times, 4 January 2023 Read the full tribunal decision: Ms L Fairhall v University Hospital of North Tees and Hartlepool Foundation Trust- Posted
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News Article
No timetable for infected blood victims' compensation
Patient Safety Learning posted a news article in News
There is a "moral case" for compensation to be paid to people affected by the contaminated blood scandal, the government has said. But Paymaster General Jeremy Quin told MPs he could not commit to a timetable. In August, the government announced that 4,000 UK victims would receive interim payments of £100,000. Tens of thousands of people contracted HIV or hepatitis C in the 1970s and 80s after being given infected blood. In September, modelling by a group of academics commissioned by the public inquiry estimated that 26,800 people were infected after being given contaminated transfusions between 1970 and 1991. The study calculated that 1,820 of those died as a result, but that the number could be as high as 3,320. The inquiry, chaired by retired High Court judge Sir Brian Langstaff, began taking evidence in 2018. The interim compensation announcement in August came after Sir Brian argued there was a compelling case to make payments quickly - saying victims were on borrowed time because of their failing health. Payments have been made to those whose health is failing after developing hepatitis C and HIV, and partners of people who have died. But families have complained that many people affected, such as bereaved parents, missed out. Read full story Source: BBC News, 15 December 2022 -
News ArticleLucy Letby used a plunger to force milk and air into one of the babies she is accused of attempting to murder, a medical expert has told a court. The alleged attack caused the infant’s stomach to distend to such a degree that she then projectile vomited a “massive” amount of milk so violently that the material left her cot and splashed over a chair several feet away. Staff at the Countess of Chester Hospital managed to save Baby G’s life but the incident was so catastrophic that it caused the child severe brain damage. Seven years later she still suffers from quadriplegic cerebral palsy. Dr Dewi Evans, a consultant paediatrician called in by the prosecution, said the use of a plunger on the end of a syringe was the only explanation for the baby’s sudden collapse in the early hours of 7 September 7 2015. Letby, 32, of Hereford, is accused of murdering seven children in the neonatal unit of the hospital in Cheshire, and of ten attempted murders, between June 2015 and June 2016. She denies all the charges. Read full story (paywalled) Source: The Times, 13 December 2022
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News Article
Trust fined following patient’s death linked to ‘outdated’ IT system
Patient Safety Learning posted a news article in News
A Norfolk hospital trust has been fined £60,000 after pleading guilty to criminal charges of exposing a 28-year-old patient who died to significant risk of avoidable harm. Queen Elizabeth Hospital King’s Lynn Foundation Trust was sentenced on Thursday 8 December at Chelmsford Magistrates’ Court, as a result of a prosecution brought by the Care Quality Commission. The dilapidated hospital’s “outdated” computer system, which is long overdue a major upgrade, was cited as a factor in the young patient’s death, which followed a mix-up over scans. Lucas Allard, who was awaiting heart surgery, had attended the hospital’s emergency department on 12 March 2019 with chest pain. He was sent home after staff determined his computerised tomography scan results meant he was fit for discharge. But two days later, a consultant discovered staff had been looking at the wrong scan, and the correct report showed significant abnormality. Mr Allard was urgently called back to the hospital but suffered a cardiac arrest shortly after arriving, and died despite attempted resuscitation. Read full story (paywalled) Source: HSJ, 9 December 2022 -
News Article
Revealed: The specialties with rocketing litigation costs
Patient Safety Learning posted a news article in News
Litigation costs for specialties including intensive care, oncology and emergency medicine have rocketed by up to five times as much as they were before the pandemic, internal data obtained by HSJ reveals. HSJ's data reveal costs for claims relating to intensive care, oncology, neurology, ambulances, ophthalmology and emergency care have increased – both for damages and legal costs – by significantly more than average. The steepest cost rise was in intensive care, which saw the bill increase fivefold from £4.3m in 2019-20 to £23.7m in 2021-22. Other specialisms which reported higher than average percentage increases were oncology, a 159% increase from £15m to £38.9m, and neurology, a 95% uplift from £18.4m to £36m. Key findings from these reports included missed or delayed diagnosis, missing signs of deterioration, failure to recognise the significance of patients re-attending accident and emergency multiple times with the same problem, and communication issues. Adrian Boyle, president of the Royal College of Emergency Medicine, said: “I’m extremely worried about the amount of money we’re spending on litigation… There’s a good reason we must not normalise an abnormal situation and we need to invest in an emergency care system which avoids these huge costs.” Read full story (paywalled) Source: HSJ, 23 June 2023 -
News ArticleA Swedish appeals court on Wednesday increased a prison sentence for an Italian surgeon over experimental stem cell windpipe transplants on three patients who died. Dr Paolo Macchiarini made headlines in 2011 for carrying out the world’s first stem cell windpipe transplants at Sweden’s leading hospital and had been sentenced to no prison time by a lower court. But the Svea Court of Appeal concluded that there were no emergency situations among two of the three patients who later died, while the procedure on the third could not be justified. The appeals court sentenced the Italian scientist to 2 1/2 years in jail for causing the death of three people between 2011 and 2014. “The patients have been caused bodily harm and suffering,” the appeals court said of the two men and one woman. The patients, it concluded, “could have lived for a not insignificant amount of time without the interventions.” Macchiarini denied any criminal wrongdoing. Once considered a leading figure in regenerative medicine, Macchiarini has been credited with creating the world’s first windpipe partially made from a patient’s own stem cells. Read full story Source: ABC News, 21 June 2023
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News Article
Legal right to visit patients proposed by government
Patient Safety Learning posted a news article in News
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 -
News Article
Families legal action against scandal-hit hospitals over ‘systemic abuse’
Patient Safety Learning posted a news article in News
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 -
News Article
CQC in legal battle with private provider over ‘inadequate’ report
Patient Safety Learning posted a news article in News
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 -
News Article
Menopause doctor says hormone scam endangers women's health
Patient Safety Learning posted a news article in News
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 -
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
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News Article
Maternity failures behind most big NHS payouts
Patient Safety Learning posted a news article in News
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 -
News Article
Covid inquiry prepares for first hearing after 220,000 deaths
Patient Safety Learning posted a news article in News
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 -
News ArticleA 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
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News Article
NI patients suing GPs over hospital waiting time targets
Patient Safety Learning posted a news article in News
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 -
News Article
CQC case reveals ‘degrading’ conditions in England care home as Covid hit
Patient Safety Learning posted a news article in News
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 -
News Article
Child died at mental health hospital ‘while staff were meant to be watching her’
Patient Safety Learning posted a news article in News
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 -
News ArticleAmbulance 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
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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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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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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 -
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
