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Legal Updates

8 July 2016

New body to conduct patient safety investigations

Most NHS organisations around the United Kingdom (UK) have a Patient Advice and Liaison Service (PALS) in addition to a process for the reporting and investigation of serious untoward incidents. When patients have concerns about treatment they have received, PALs is often their first port of call. 

Shannett Thompson

15 June 2016

Delay of reckoning

The material contribution test for causation in clinical negligence has been maintained and clarified following Williams and John. 

6 June 2016

Bereaved and belittled: an unmarried woman’s fight for bereavement damages

Background
John Bulloch died when the doctors treating him failed to identify an infection which eventually spread to his brain. He was survived by his partner, Jakki Smith, with whom he had shared 16 years of his life. Following his death, Jakki discovered that she was ineligible for the statutory bereavement award/bereavement damages on the basis that she and John had not been married. She is now bringing a challenge against the government on the grounds that this rule:

  • interferes with her right to a private life (Article 8 of the European Convention on Human rights (ECHR)); and

  • discriminates against her due to her marital status (or lack thereof) (Article 14 ECHR).

28 April 2016

Case Update: Brain injured man awarded full damages from Trust whose delay in his emergency treatment materially contributed to his pre-existing injury

Dr Sido John v Central Manchester and Manchester Children's University Hospitals NHS Foundation Trust  [2016] EWHC 407 (QB)

25 April 2016

Child’s birth injury judgement highlights poor standards of medical record keeping

The recent decision of Mrs Justice McGowan in the case of FE (represented by his Litigation Friend PE) v. St Georges University Hospitals NHS Trust demonstrates the dangers run by Defendants in defending claims where the medical records and recording of notes is extremely poor. 

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