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Legal Updates

30 July 2015

Case Update: The role of the disciplinary panel when faced with insufficient evidence

Hannah Eales considers the recent appeal of The Professional Standards Authority for Health and Social Care v The Nursing and Midwifery Council, Ms Winifred Nompumelelo Jozi [2015] EWHC 764 (Admin).  She explores the role of the panel when faced with insufficient evidence, and the consequences of undercharging.

Hannah Eales

6 July 2015

The end of the duty of candour double standard?

When things go wrong in healthcare, should the duty of candour owed by providers to patients differ depending on whether the care was provided within a primary or secondary setting? Or whether the patient received care from the public or private sector? A single duty of candour should apply consistently across the healthcare service. Unfortunately, the duty of candour is currently triggered by two different thresholds depending upon who provides care to the patient.

Emily Carter

28 May 2015

Case Update: Clarity urgently required on the test for dishonesty in regulatory proceedings as Administrative Court unable to rule on the issue

Kirschner v General Dental Council [2015] EWHC 1377

Judgement Date: 19 May 2015

Further to the cases of PSA v HCPC and David [2014] EWHC 4657 and Hussain v GMC [2014] EWCA Civ 2246, additional judicial comment has been made about the appropriate test for dishonesty in regulatory proceedings in the instant case.

Sarah Harris

14 May 2015

Case Update: High Court terminate interim suspension of doctor facing gross negligence manslaughter charges following death of 6 year old child

Bawa-Garba v General Medical Council [2015] EWHC 1277

This was an appeal against the decision of an Interim Orders Panel (the Panel) of the Medical Practitioners Tribunal Service (MPTS) on 8 January 2015 to impose an interim suspension order on Dr Bawa-Garba for 18 months pending a final determination about her fitness to practice.

Sarah Harris

8 May 2015

Case Update: High Court makes clear that allegations are not to be amended to meet changing evidence at hearing

Professional Standards Authority and (1) The Health and Care Professions Council (2) Benedict Doree [2015] EWHC 822 (Admin)

The Professional Standards Authority (PSA) referred to the High Court a decision of the Conduct and Competence Committee (the Committee) of the Health and Care Profession Council (HCPC) made on 24 July 2014, in respect of registered prosthetist/orthotist, Mr Doree.
 

Sarah Harris

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