The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care at the Trust, and an investigation and report published by the (now abolished) Healthcare Commission in March 2009. The concerns were surrounding apparently high mortality rates in patients admitted as emergencies. The Inquiry was chaired by Robert Francis QC.
The Francis Inquiry concluded that candour is an essential component in high quality healthcare, but that openness, transparency and candour are frequently not observed. Thus the introduction of a statutory duty of candour implements a key recommendation from the Inquiry.
The duty of candour has also been coined Robbie's Law by, eg, the Action against Medical Accidents group after Robbie Powell who died in 1990.
The regulations were made on 6 November 2014 with many of them effective 21 days after that, ie 27 November 2014, in accordance with reg 1, with the remaining Regulations effective from 1 April 2015.
The statutory duty of candour is effective from 27 November 2014 as is the fit and proper persons test for directors of a health service body (for all NHS bodies and April 2015 for all other organisations). GPs, dentists, private healthcare and adult social care services are not currently required to inform patients about events which 'could' result in significant harm but have not
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What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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