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health legal updates

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Legal update

15 July 2019 Capacity at birth – care planning, contingent and anticipatory declarations

Our recent case of United Lincolnshire Hospitals NHS Trust v CD is significant because it is the first reported judgment on the use of the Mental Capacity Act 2005 (MCA) to make contingent and anticipatory declarations in the event that P lacks capacity at a particular future point in time.

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Legal update

9 July 2019 Sussex Partnership NHS Trust fined £200,000 – a warning for providers and investors

Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.

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Legal update

9 July 2019 Fire safety in care homes – what do you need to know?

The care home environment presents unique challenges and the consequences of getting fire safety wrong can be tragic.

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Legal update

3 July 2019 Decision to allow termination of pregnancy overturned by Court of Appeal

P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.

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Legal update

19 June 2019 #Me Too - Non-Disclosure Agreements in the NHS

The use of NDAs has been regularly in the headlines since the #Metoo campaign.

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Legal update

19 June 2019 Primary Care Networks go live on 1 July!

Following applications in May, Primary Care Networks (PCNs) will start to operate from 1 July.

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Legal update

19 June 2019 The NHS Digital Revolution

The NHS Long Term Plan (the “Plan”) offers a whole host of optimistic and innovative promises for the future with a significant amount hinging on a complete reinvigoration of the technological landscape of the NHS.

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Legal update

4 June 2019 CCG merger

Over the last couple of years, many CCGs have been looking at how they can strengthen and formalise their collaborative working arrangements with neighbouring CCGs.

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Legal update

4 June 2019 The Hardest Word

On 17 January 2019, the Care Quality Commission issued a fixed penalty notice to an NHS hospital trust for failing to comply with the duty of candour, exercising its criminal enforcement powers for the first time since the requirement was introduced in 2014.

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Legal update

4 June 2019 Reminder to NHS Trusts to make Court of Protection applications promptly

The recent case of East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 673 is an important reminder to NHS Trusts that Court of Protection applications should be made promptly.

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