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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

13 March 2020 Negligent diagnosis or a reasonable interpretation? Brady v Southend University Hospital NHS Foundation Trust

Browne Jacobson, instructed by NHS Resolution, recently represented Southend University Hospital NHS Foundation Trust in Brady v Southend University Hospital NHS Foundation Trust.

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Mental health, capacity and deprivation of liberty case law update

We are pleased to invite you to our next webinar which will focus on updates on serious medical treatment cases and deprivation of liberty.

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Care Quality Commission and health & care regulatory update 7 November

Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.

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Liberty Protection Safeguards LPS and Deprivation of Liberty Safeguards DoLS

It’s officially 1 year until the arrival of Liberty Protection Safeguards (LPS) on 1 October 2020.

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Mental Capacity Act – anticipating loss of capacity

Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.

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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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CQC and health & care regulatory update - June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.

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Legal update

4 June 2019 Negligent medical treatment not sufficient to engage State responsibility under Article 2 ECHR

The recent judgment of R (on the application of Maguire) v Her Majesty's Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin), reaffirms that individual acts of medical negligence are not sufficient to engage State responsibility under Article 2 ECHR.

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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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