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Tania Richards
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The Court of Appeal last month overturned a Court of Protection decision that it was in the best interests of a young woman with learning disabilities to undergo a termination of her pregnancy at 23 weeks gestation. The case of AB while fact specific provides healthcare professionals with a reminder... Continue reading
Last month Mrs Justice Lieven in the Court of Protection dealt with conjoined applications by two local authorities under the Mental Capacity Act 2005 for court approval of the continuation of the authorisation of care plans involving SR and JTA. The case of SR SR had been detained in a... Continue reading
The issue of capacity assessments for patients with long-term conditions requiring multiple decisions and careful oversight of medication, in particular, is difficult. Increasingly, the courts have been asked to consider cases involving fluctuating capacity. In a recent case involving the Royal Borough of Greenwich, the court had to grapple with... Continue reading
At the start of this month, NHS England and the MHCS published target timescales to consider key decisions for restricted patients under the Mental Health Act. Timescales Various timescales are prescribed, from a same day target for recall and five days for prison transfer, up to a target of 35... Continue reading
Last month saw the publication of this exciting plan. It provides a framework for delivering on the NHS Long Term Plan commitment to pursue the most ambitious transformation of mental health care England has ever known, at a local level. Chief Executive Sean Duggan from NHS Confederation’s Mental Health Network... Continue reading
Safety investigator’s report reinforces need for 24 hour mental health care at emergency departments. Emergency departments treat 220,000 cases of self-harm a year and it is estimated that approximately five per cent of all emergency department attendances are primarily due to mental ill-health. The Five Year Forward View for Mental... Continue reading
Posted Aug 13, 2019 at Mills & Reeve: Health and Care Update
Protecting the vulnerable: reporting safeguarding concerns to the Office of the Public Guardian. The OPG has updated its useful guidance (originally published on 29 April 2019) for those dealing with vulnerable people who have a registered Lasting Power of Attorney or a court appointed deputy. The guidance compliments other related... Continue reading
Posted Aug 13, 2019 at Mills & Reeve: Health and Care Update
We posted a blog on the safety watchdog's report in May and now, this week, the Healthcare Safety Investigation Branch has published its update documenting NHS Improvement and the Royal College of Physicians’ responses to its recommendations aimed at driving improvement to reduce potentially fatal medication errors. HSIB's investigation report... Continue reading
Posted Aug 13, 2019 at Mills & Reeve: Health and Care Update
NHS Improvement and NHS England have launched a consultation on its proposals for reform to patient registration, funding and contracting rules as part of its digital-first primary care (DFPC) policy to ensure patients have both choice as well as access to integrated care. Proposals include changes to primary care contracting... Continue reading
Posted Aug 13, 2019 at Mills & Reeve: Health and Care Update
This Regulation requires a registered medical practitioner to notify the relevant senior coroner of a death if one or more prescribed circumstances apply in England and Wales. What’s the context The provisions relating to the introduction of medical examiners and reforms of the death certification process were subject to a... Continue reading
Posted Aug 12, 2019 at Mills & Reeve: Health and Care Update
A statement taken without a caution and without legal advice is admissible at trial if charges are subsequently brought. The decision of the Court of Appeal in the well-publicised case of the speedboat accident on the Thames serves as a salutary reminder to health and care professionals that a statement... Continue reading
Posted Aug 12, 2019 at Mills & Reeve: Health and Care Update
Health practitioners will undoubtedly welcome clarification on how to manage medical treatment cases involving patients who suffer from fluctuating capacity. The difficult issue here is that these cases are by definition urgent and therefore require advance, contingency planning. The recent decision of the Court of Protection in United Lincolnshire Hospitals... Continue reading
In an appeal arising out of the case of Fullick & Bacchus v The Commissioner of Police for the Metropolis, the court ruled that the costs incurred by the claimants, in respect of the inquest into the death of the subject of the civil claim, including pre-inquest hearings and the... Continue reading
Care providers, care home managers, carers and staff with responsibility for the provision, maintenance and fitting of bed rails will be interested in the Medicines and Healthcare products Regulatory Agency’s latest consultation published earlier this month. This consultation has been launched in response to the ongoing reporting of adverse incidents... Continue reading
It is more than a year now since the introduction of Europe’s new data privacy regime, the GDPR. There was a flurry of activity leading up to and following the launch date in May 2018. But then, the GDPR fell out of the headlines. Recent high profile penalty announcements running... Continue reading
Join us for one of our free seminars on the new Liberty Protection Safeguards, where we will explain how the law on authorising a deprivation of liberty will change and what the new LPS scheme means. Hospital providers and clinical commissioning groups, as the new “responsible bodies” for LPS, will... Continue reading
Posted Jul 31, 2019 at Mills & Reeve: Health and Care Update
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The idea of the ‘golden thread’ isn’t new; Theseus followed a golden thread given to him by Ariadne to find his way out of the Minotaur’s cave in Greek mythology – and it has been used in many ways since then. The Secretary of State asked NHS England and NHS... Continue reading
Posted Jul 30, 2019 at Mills & Reeve: Health and Care Update
The safety watchdog has been busy over the past few months. In May, June and July respectively the Healthcare Safety Investigation Branch published the following final reports: Recognising and responding to critically unwell patients Undetected button and coin cell battery ingestion in children Failures in communication or follow up of... Continue reading
Posted Jul 29, 2019 at Mills & Reeve: Health and Care Update
This latest review by the safety watchdog concerned a 76-year-old woman who attended an emergency department (ED) with chest pain and shortness of breath. The chest x ray taken was not reported until 12 days later. It identified a possible lung cancer. The patient had been discharged by this time.... Continue reading
Posted Jul 29, 2019 at Mills & Reeve: Health and Care Update
The Healthcare Safety Investigation Branch were notified of this case by a senior coroner who issued a Prevention of Future Death report to several bodies (including HSIB) following an inquest. NHS 111, primary care services, out-of-hours, the local hospital and an ambulance trust were all involved in this tragic case.... Continue reading
Posted Jul 29, 2019 at Mills & Reeve: Health and Care Update
The Healthcare Safety Investigation Branch’s latest report relates to a 58-year-old woman who was transported to an emergency department (ED) by ambulance with severe abdominal pain, 13 days after surgery for a perforated duodenal ulcer. Initial observations in the ambulance and ED showed a rapid heart rate and low blood... Continue reading
Posted Jul 29, 2019 at Mills & Reeve: Health and Care Update
The health and care sector must ‘up its game’ and improve its cyber security ‘hygiene’. So says a new White Paper on NHS cyber security presented at the House of Lords. The paper (written by a team from Imperial College London’s Institute of Global Health Innovation and led by Lord... Continue reading
Posted Jul 24, 2019 at Mills & Reeve: Health and Care Update
What can HR teams and NHS Trust boards learn from the Amin Abdullah case. NHS Improvement chair, Dido Harding has written to trust chairs and chief executives detailing the findings of an independent analysis by an advisory group following the very tragic death of Amin Abdullah in 2016. The letter... Continue reading
Posted Jul 23, 2019 at Mills & Reeve: Health and Care Update
The NHS’s Chief People Officer, Prerana Issar says NHS organisations “need to do more” and “at pace” to improve workforce race inequality. Black, Asian and minority ethnic staff constitute almost a fifth of the total NHS workforce, yet they are still more likely to face unfair treatment and discrimination in... Continue reading
Posted Jul 23, 2019 at Mills & Reeve: Health and Care Update
New decision emphasises the overall evaluation of the best interests of a minor aged 16 who refused treatment for a life-threatening condition. The applicant NHS Trust succeeded on its (without notice) application for the approval of a plan for the treatment of the respondent (B), aged 16, who had refused... Continue reading
Posted Jul 17, 2019 at Mills & Reeve: Health and Care Update