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
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,
Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international
Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must be obtained prior to completion of the lease. On the grant of an underlease, mortgagee’s consent in respect of any mortgage over
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
0330 161 1234