NHS healthcare
Professional regulatory
Decision not to put relevant Court of Appeal judgment before panel was wrong
07/08/20
The Court has held that it had been wrong for the General Medical Council (GMC) and registrant to agree to exclude a relevant Court of Appeal judgment from the bundle put before a panel on the question of sanction.
NHS healthcare
Professional regulatory
Panel failed to properly apply the Sanctions Guidance
07/08/20
In General Medical Council v Saeed [2020] EWHC 830 (Admin), the Court allowed an appeal by the General Medical Council on the basis that a panel had failed to properly apply the Sanctions Guidance
NHS healthcare
Professional regulatory
Scottish Court considers evidence of good character
07/08/20
A Scottish Court dismissed an appeal by a doctor who had been erased from the register after it was held that she had been dishonest in preparing an expert report that had numerous inaccuracies.
NHS healthcare
GT, Re [2020] EWCOP 28I: Court of Protection best interests and the use of s63 Mental Health Act 1983
23/07/20
The CoP declared that it is in P’s best interests to have a feeding tube inserted to provide him with nutrition and prevent deterioration and a potentially fatal collapse, despite P refusing such treatment. We explain the decision and what to take away.
NHS healthcare
COVID-19: Top tips for remote inquest hearings
07/07/20
As we see the re-opening of Coroners’ courts following the COVID-19 pandemic, we continue our series of inquest-related insights with our top tips for partially remote inquest hearings.
NHS healthcare
Primary care
Confidentiality guidance changes: national consultation launched on revised Caldicott Principles and arrangements
01/07/20
The National Data Guardian launched a consultation on the future Caldicott Principles and extending the need to appoint ‘Caldicott Guardians’ across all organisations in health and adult social care. We explain the consultation’s scope and how to respond.
NHS healthcare
COVID-19: New Chief Coroner’s guidance on remote hearings
22/06/20
As we see the re-opening of courts following the COVID-19 pandemic, the Chief Coroner has issued new guidance on "Remote participation in Coronial proceedings via video and audio broadcast". In this insight, we comment on the key points of the guidance.
NHS healthcare
Primary care
Private health and social care
Return to work and risk assessments during COVID-19: Health and social care
04/06/20
For a successful return to work during COVID-19, employers have a duty to carry out a risk assessment, implement safe systems of work and to keep these under review. Our risk assessment flowchart sets out the key issues for employers to consider.
NHS healthcare
Private health and social care
COVID-19: Social care FAQs on Deprivation of Liberty and movement in the community
18/05/20
This FAQ provides a summary of the current position and the factors which care providers, care co-ordinators and commissioners of community care need to be aware of and actively consider when looking at the care and treatment service users are receiving.
Housing
NHS healthcare
COVID-19: Inquest FAQs
28/04/20
We have compiled these FAQs for healthcare, social care, emergency services and housing sectors regarding how coroners are approaching inquests in the current climate and how demands on organisations and their professional witnesses can best be managed.
NHS healthcare
Private health and social care
COVID-19: Clinical risk and indemnity considerations
24/04/20
COVID-19 has permeated every aspect of health and social care, presenting challenges to the NHS and private sector. The situation is evolving but key concerns are highlighted in this Insight with practical advice on managing risk and indemnity issues.
NHS healthcare
How much of a medical record can a personal representative see?
24/04/20
The Access to Health Records Act 1990 grants a statutory right of access to the medical records of the deceased to certain individuals in certain circumstances. The High Court has recently looked at the scope of that right for personal representatives.