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Legal update

16 September 2019 International Patient Safety Day – achieving a safety culture in the NHS

The fact that the focus of this year’s International Patient Safety Day on 17 September 2019 is ‘Safety culture at all levels’ illustrates the vital role culture has to play in the provision of safer care across all healthcare settings.

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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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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

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 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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