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health legal updates

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Legal update

16 June 2020 Systemic failure or medical negligence?

Lord Burnett handed down Judgement at the RCJ on 10 June 2020 of the following case which is the latest in a line of authorities to explore the engagement of Article 2 at Inquests concerning medical care/treatment, reaffirming the point that such cases will not ordinarily trigger the need for an Article 2 inquest.

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Legal update

2 June 2020 High Court denies relief from sanctions

In Magee v Willmott Browne Jacobson successfully appealed on behalf of the Defendant a lower court decision to allow the Claimant relief from sanctions to rely upon expert evidence served after the deadline had passed for exchange and not to strike out part of the Claimant’s case which was unsupported by the Claimant’s breach expert and where no case on causation had been pleaded.

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Legal update

27 April 2020 Social Care Easements under the Coronavirus Act

This update draws together elements of the Coronavirus Act relating to the Care Act 2014, the associated guidance, the recent Action Plan for Adult social care, and guidance on direct payments to provide an outline of the approach being adopted in relation to to adult social care, including amendments to legal duties, operational decisions as to reducing service levels, and funding.

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Legal update

24 April 2020 Covid-19 discharge requirements – the underpinning legal arrangements

The Covid-19 Hospital Discharge Service Requirements (Discharge Requirements) came into effect on 19th March and outlined the new approach to hospital discharges during the current pandemic.

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Legal update

20 April 2020 COVID-19: updated guidance on infection prevention & control and personal protective equipment for health and care providers

Significant new guidance has been issued on 17 April 2020 by Public Health England, in association with the Department of Health & Social Care and NHS England and endorsed by the Health and Safety Executive (“HSE”).

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Legal update

15 April 2020 Covid-19 employment health and care - 9 April 2020

Following our last update here is a summary of this week’s key developments taking a look at personal protective equipment, regulatory guidance, visa applicants, internal redeployments, workforce sharing agreements, employment tribunal hearings, DBS checks and right to work, furloughed employees and the job retention scheme.

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Legal update

9 April 2020 Direction from the Secretary of State regarding information sharing

In light of the Health and Social Care (Safety and Quality) Act 2015, all health and adult social care organisations must, by law, share information with each other about patients they are caring for directly, to improve the care provided. However, the Covid-19 pandemic requires even greater sharing of confidential patient information between health bodies.

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Legal update

6 April 2020 COVID-19: Relaxed competition law for healthcare companies

The COVID-19 pandemic presents unprecedented capacity challenges for the NHS and other healthcare providers. NHS England has commissioned independent healthcare providers to provide extra capacity for the treatment of patients, not only to support the treatment of coronavirus but also to help the NHS deliver other urgent operations and cancer treatments.

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Legal update

3 April 2020 Are commercial surrogacy costs recoverable?

Liability was admitted by the Trust in May 2016 in respect of negligent reporting of cervical smear tests in 2008 and 2012 and cervical biopsies in 2012. By a majority, the Supreme Court has dismissed the Trust’s appeal, allowing the recovery of commercial surrogacy costs.

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Legal update

26 March 2020 Employment healthcare update - 26 March 2020

Our employment healthcare team can only imagine the difficulties being faced by our colleagues and friends in the health and care sector currently. You have certainly all been in our thoughts and will remain so as we all face unprecedented personal and professional challenges.

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