healthcare update - issue five
Welcome to the fifth edition of our healthcare update, an easy
and convenient way for claims, complaints and risk managers in the
healthcare sector to stay up to date with legal developments. We
hope you will find the articles in this issue of interest.
Should you require any further information on any of the issues
or events in this edition, please feel free to contact us. We would
also be very pleased to hear from you with any views you have in
relation to the update generally.
Articles in this issue
Tomorrow's news today
Take a look at what's coming up in health and social care over
the next few months, with Ben Troke.
Read the full
article...
Off the record?
The High Court decision in Loraine v Wirral University
Teaching Hospital NHS Foundation Trust came out in May 2008
and was dismissed by many as a first instance decision which did
not sit happily with other similar cases. However, it was clear to
us when attending a recent obstetric conference that the case is
causing widespread concern and Richard Briggs looks more
closely at the decision in this article.
Read the full
article...
Court of Appeal rules on entitlement of failed asylum seekers
free healthcare
You may have seen our bulletin in May last year, 'Are failed
asylum seekers entitled to free healthcare?', commenting on the
High Court case of Mr A, a failed asylum seeker who suffered
chronic liver disease. Ian Long revisits the case and the
subsequent appeal.
Read the full
article...
Supervised community treatment - then and now
Supervised Community Treatment, in the form of Community
Treatment Orders (CTOs), was introduced in November 2008 by the
Mental Health Act 2007. Mark Barnett discusses why we have CTOs,
the concerns surrounding them and more.
Read the full
article...
The end of claims for excessive interim payments?
The recent case of Cobham Hire Services Limited v Benjamin
Eeles (2009) has provided helpful clarification on what a
court must consider when assessing whether a request for an interim
payment of damages should be granted. Emma Rees explains the rules
around interim payments, the facts and the judgment itself.
Read the full
article...
Child protection - the current overwhelming priority
The court’s recent decision in W v Chief Constable of
Northumbria highlights the lengths to which child protection
agencies are willing to go in order to protect children from any
perceived risk of abuse. Dai Durbridge takes a look at how this
decision may well have ramifications for the health sector and all
other child protection agencies.
Read the full
article...
DH consults on exercise of the power of removal from NHS
premises
The Criminal Justice and Immigration Act 2008 introduced an
offence of causing a nuisance or disturbance on NHS premises. The
Act gives Trusts the power to remove offenders from NHS premises.
Ian Long examines the implications of the offence, the DH's draft
guidance and what this means for Trusts.
Read the full
article...
News round up
An overview of developments in health and social care over the
last few months, with links to some of the bulletins we have issued
on these topics.
Read the full
article...
Forthcoming events
In November of this year, we will be running a new,
one day seminar in our Birmingham office which is aimed
primarily at legal service managers and claims managers dealing
with clinical negligence claims, who are new to the role or who
would like a refresher. We will be covering the key legal
principles (breach of duty, causation, quantum) and explaining how
the litigation process works, as well as looking at how to get the
best from your clinicians and reporting of claims to the NHSLA. We
will be offering plenty of practical tips and a perspective from a
local Trust claims handler. If you are interested in receiving an
invitation to this seminar,
please let us know.
The content of this update is provided for the purposes of general
interest and information. It contains only brief summaries of
aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.