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Debbie Watts
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Two recently reported decisions of Mrs Justice Lieven (JK v A Local Mental Health Board and A Healthcare and B NHS Trust v CC) provide a helpful analysis of the approach to take when considering treatment under Section 63 Mental Health Act (MHA), particularly when the treatment is for a... Continue reading
Posted Apr 16, 2020 at Mills & Reeve: Health and Care Update
The rights of a personal representative to disclosure of the deceased’s health records – how far do they go? (…the answer is pretty far) In its recent decision Re AB (disclosure of medical records), the High Court confirms the correct approach to requests for disclosure from personal representatives of deceased... Continue reading
Posted Apr 15, 2020 at Mills & Reeve: Health and Care Update
To discharge or not to discharge? Does the patient become a trespasser? University College London Hospitals NHS Trust v MB The age old problem of discharging people who no-longer require hospital care or treatment and who refuse to take up a local authority care package is in the lime light... Continue reading
Posted Apr 15, 2020 at Mills & Reeve: Health and Care Update
During the pandemic, the principles of the MCA and the safeguards provided by DoLS still apply. Over the coming months we will see changes to the existing care and treatment arrangements of a great many vulnerable patients in response to the Covid-19 outbreak. During a period when care providers need... Continue reading
Posted Apr 15, 2020 at Mills & Reeve: Health and Care Update
As the NHS and social care sector continues to manage increasing numbers of patients needing medical treatment, health and social care services are also facing mounting pressures from staff shortages due to sickness, imposed isolation and caring responsibilities. Organisations are therefore putting in place contingency plans to deal with staff... Continue reading
Posted Apr 14, 2020 at Mills & Reeve: Health and Care Update
This case concerned BP, an 83 year old Alzheimer’s patient who is deaf and resident in a care home. His daughter applied to the Court of Protection for a declaration that it was in his best interests to return home with a package of support. The application was prompted by... Continue reading
The Importance of Obtaining Proper Reasons for your Coroner’s Decision-Making Inquests are difficult affairs at the best of times. What makes things worse is when the Coroner makes a mess of their directions to the jury, the conclusion gets struck down by the High Court, and everyone ends up having... Continue reading
Posted Feb 18, 2020 at Mills & Reeve: Health and Care Update
Earlier this summer the CQC published this report. The headline being that the Code of Practice is not being used as it was intended due to a lack of awareness and understanding of the statutory guidance amongst providers and staff. They looked at 3 key areas: Understanding and application of... Continue reading
Posted Aug 22, 2019 at Mills & Reeve: Health and Care Update
As readers will know Acute, Mental Health and Community Trusts have had guidance on learning from deaths since March 2017. Now ambulance Trusts do as well! This was published in July. The aim is to help improve the way such Trusts review and learn from the deaths of patients. Key... Continue reading
Posted Aug 22, 2019 at Mills & Reeve: Health and Care Update
You would be forgiven for perhaps not having read this during your summer holidays! However it makes a worthwhile read firstly, given the furore following the case of Dr Bawa Garba and secondly, because of the wider points the report makes about investigations and coroners. Executive Summary The report notes... Continue reading
Posted Aug 21, 2019 at Mills & Reeve: Health and Care Update
In what is believed to be the first criminal prosecution of its kind, clinician Duncan Lawrence has entered a guilty plea to an offence of failing to provide evidence at Wimbledon Magistrates’ Court. He will be sentenced later this month and could receive a custodial sentence. The charges relate to... Continue reading
Posted Aug 19, 2019 at Mills & Reeve: Health and Care Update
I am sure none of us would be party to this. But I read this blog (from our colleagues at Serjeants’ Inn Chambers and our friend Bridget Dolan QC) with interest. It is a timely reminder. In many years of handling inquests, deliberate deception by clinical staff is something I... Continue reading
Posted May 29, 2019 at Mills & Reeve: Health and Care Update
Recent decision provides clarity on the civil standard of proof for suicide conclusions, whether in short or narrative form. On 26 July last year in the case of R (on the application of Thomas Maughan) v HM Senior Coroner for Oxfordshire & others the High Court determined that the civil... Continue reading
Posted May 29, 2019 at Mills & Reeve: Health and Care Update
The DHSC and NHS England have published a consultation on extending the legal ‘right to have’ a personal health budget (PHB) or an integrated personal budget. The ongoing drive to personalise the delivery of health and care service continues apace, seeking to provide individuals with mechanisms to enable them to... Continue reading
Posted Apr 13, 2018 at Mills & Reeve: Health and Care Update
Let’s be honest, breach of contract claims aren’t designed to stir the blood. But throw into an emotional IVF treatment context some flick-flack text messages between a separated couple, allegations of forgery, the notion of a multi-millionaire property developer seeking substantial damages for the “wrongful birth” of his child, and... Continue reading
Posted Oct 23, 2017 at Mills & Reeve: Health and Care Update
NHS England is running a series of essentials of PHBs – free courses for health and social care professionals working in the NHS or local authorities who have no or little experience in delivering them. NHS England’s latest announcement indicates that the sessions cover the policy and mandate requirements around... Continue reading
Posted Aug 10, 2017 at Mills & Reeve: Health and Care Update
In her latest blog, Information Commissioner Elizabeth Denham, sets out to bust a few myths about the new General Data Protection Regulation which comes into force in May 2018. She is concerned there is some “misinformation” out there and “worried that the misinformation is in danger of being considered truth.”... Continue reading
Posted Aug 10, 2017 at Mills & Reeve: Health and Care Update
As the commissioner of gender identity services, NHS England has published two proposed service specifications for a 12-week public consultation covering both surgical and outpatient interventions for adults (here defined as 17 years and over). The specifications were informed by the outcome of a stakeholder engagement workshop held in the... Continue reading
Posted Jul 27, 2017 at Mills & Reeve: Health and Care Update
Sharing patient information – make sure it is lawful The Department for Culture, Media and Sport is calling on us to have our say on the application of the EU GDPR. The consultation process goes on until 9 May 2017. The new law will come into force on 25 May... Continue reading
Posted Apr 13, 2017 at Mills & Reeve: Health and Care Update
On 11 April, the National Institute for Health and Care Excellence (NICE) published a consultation for physical health of people in prisons. They have put out a set of draft quality standards and the consultation is open until 9 May; with the final set of standards expected for publishing in... Continue reading
Posted Apr 13, 2017 at Mills & Reeve: Health and Care Update
The National Confidential Enquiry into Patient Outcome and Death published “Treat as One – Bridging the Gap between mental and physical healthcare in general hospitals” on 26 January 2017. They key findings are set out at pages 10 – 13. Their recommendations are set out at pages 14 – 16... Continue reading
Posted Feb 13, 2017 at Mills & Reeve: Health and Care Update
The Court of Protection recently handed down a judgment in respect of costs in the case of MR and SR v Bury CCG The Court of Protection have the power to determine by whom and to what extent costs are to be paid in any case. There is however a... Continue reading
Posted Feb 13, 2017 at Mills & Reeve: Health and Care Update
The National Audit Office report on health and social care integration is hard hitting saying that “benefits have fallen far short of plans, despite much effort”. The Better Care Fund is the primary integration initiative intended to deliver better, more joined up services for patients with the aim of reducing... Continue reading
Posted Feb 13, 2017 at Mills & Reeve: Health and Care Update
Following the death of an inmate, there is often pressure on the coroner to hold a full ‘human rights’ inquest – this has a wider remit than a ‘standard’ inquest. In the recent case of Tyrell the High Court provided welcome clarity on the type of inquest that should follow... Continue reading
Posted Aug 23, 2016 at Mills & Reeve: Health and Care Update
The ICO has launched a live chat service. If you need advice, or have a question, they say it's another, possibly faster, way of getting an answer. You can also get a copy of your conversation as a record if you need. It's only open during office hours and you... Continue reading
Posted Aug 23, 2016 at Mills & Reeve: Health and Care Update