Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
29 January 2015
Press Round-Up: Regulatory and Professional Discipline – December 2014 - January 2015
Recent news relating to the Health and Care Professions Council (HCPC), General Medical Council (GMC), General Dental Council (GDC), Nursing and Midwifery Council (NMC) and Solicitors Regulation Authority (SRA).
29 January 2015
Case Update: The final word on hearsay evidence in criminal trials?
Horncastle And Others v The United Kingdom, ECHR 16-Dec-2014
The ECHR has held, unanimously, that there had been no violation of Article 6 (1) and (3), namely the right to a fair trial and right to obtain attendance and examination of witnesses, of the European Convention on Human Rights in the trials of the four applicants in this case.
22 January 2015
Case Update: Determination of Fitness to Practise Panel to proceed in practitioner’s absence quashed on appeal
Dr Olufemi Adeyinka Adeogba v General Medical Council [2014] EWHC 3872 (Admin).
The Appellant (A) faced fitness to practise proceedings before the General Medical Council. He had engaged with an Interim Order determination in February 2012 but thereafter had not responded to correspondence dealing with case management issues in the run-up to the final hearing. 28 days’ notice of the final hearing was given in accordance with the Rules via post to A’s registered address in Germany (which was returned as undeliverable) and via email. He did not respond and did not attend the final hearing. An application was made to proceed in his absence, which was granted. The hearing continued and the Panel went on to order his erasure from the medical register. A then contended, on receiving notice of this decision, that he had not in fact been aware of the hearing.
19 January 2015
Case Update: NMC’s failure to draft charges that sufficiently reflect the gravity of Registrant’s conduct led to serious procedural irregularity
Professional Standards Authority for Health and Social Care (PSA) v Nursing and Midwifery Council (NMC), Duncan Gerald Macleod, [2014] EWHC 4354 (Admin).
On 22 April 2011 the Registrant witnessed Nurse X goading a vulnerable mental health patient, Patient A. He then saw Nurse X place Patient A in a headlock in contravention of appropriate restraint procedures. As a result of Nurse X’s actions, Patient A struck Nurse X with a hairbrush and caused a laceration above Nurse X’s eye. Nurse X went to Accident and Emergency for treatment and on her return completed a Serious Incident Report (SIR) in respect of Patient A’s assault on her.
19 January 2015
Case Update: Midwife accused of inadequate care, failing to maintain accurate records and dishonesty
Penny Ann Lavis v Nursing and Midwifery Council, [2014] EWHC 4083 (Admin)
Findings of NMC fitness to practice panel overturned as Panel fall into error when considering dishonesty with regard to record-keeping.
Judgment Date: 5 December 2014