All Legal articles – Page 54
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News
Government lawyers say BMA judicial review 'bound to fail'
Letter from Government Legal Department says government gave proper regard to equality issues in junior doctors’ contract Letter references HSJ story that revealed BMA’s lawyers warned judicial review would not prevent imposition Junior doctors to start first of three 48 hour strikes on Wednesday The government’s lawyers have ...
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HSJ Local
Trust warns of ‘significant’ quality and safety risks if private provider keeps contract
COMMERCIAL: The loss of a £126m contract to another provider could cause multiple staffing and patient care issues, a trust has said.
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News
Revealed: BMA lawyers warned that judicial review would not prevent imposition of junior doctors’ contract
The British Medical Association’s lawyers have warned the union that its planned legal action against the government will “definitely not” prevent the health secretary from imposing a contract on England’s 37,000 junior doctors, HSJ can reveal.
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News
Trust's directors face 'fit and proper' test after harassment case
CQC and Monitor take action at Derbyshire Healthcare Foundation Trust to improve governance Trust ordered to carry out fit and proper person checks on all board directors It failed to carry out checks following employment tribunal ruling in 2015 PHSO deputy ombudsman Mick Martin implicated in sexual harassment case ...
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HSJ Local
Legal challenge launched against £126m Virgin Care contract
COMMERCIAL: A formal legal challenge has been made to commissioners who awarded a private sector company a £126m community care contract.
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News
BMA plans three strikes and legal action over contract imposition
The British Medical Association has announced three 48 hour strikes and plans to launch a judicial review against the government’s plan to impose a new junior doctors’ contract.
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News
Conflict of interest confusion 'common' among CCGs
Confusion in clinical commissioning groups about how involved GPs should be in designing services is “a common issue” nationwide, senior NHS England figures told investigators.
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News
New end of life care plans could leave decisions ‘hidden’ from families
New end of life care plan is designed to replace do not attempt resuscitation orders in the NHS Form is being developed after high profile court rulings created a legal precedent for patients to be consulted Concerns have been expressed that the form is confusing and could make care ...
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HSJ Local
Virgin legal challenge forces CCG to row back primary care plans
Hull CCG wants to create geographical groups of practices, each operating as larger scale providers HSJ understands initial plan to create the groups were challenged by Virgin Care There will now be a full procurement process for eight GP practices, grouped into four lots COMMERICAL: A legal challenge ...
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News
Whistleblowing finance director warns trusts may be pushed to ‘cook the books’
Finance director tells MPs regulators are pressurising providers to “potentially mislead the public and government departments” over their finances Trusts urged to meet their targets in 2015-16 to help DH balance revenue budget, and achieve financial balance next year Other finance director tells HSJ “they know where he or ...
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News
Revealed: The costs of closing NHS Direct
Dissolution of NHS Direct cost £89m, documents reveal Regulators say “lessons learned” for transactions planning The dissolution of NHS Direct over two years cost £89m, documents reveal.
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Comment
Claims costs: Not the doctor's fault
The inconvenient truth is that clinical negligence claims costs have soared – but is it justified to blame the doctors, Christine Tomkins questions
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News
CPS to review handling of NHS corporate manslaughter case
First ever corporate manslaughter case against an NHS trust collapsed last week Prosecution related to the death of primary school teacher Frances Cappuccini, who died in October 2012 after giving birth by emergency caesarean section Trust has accepted some shortcomings in care and a clinical negligence claim was made ...
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Comment
The new age of consent – what is important to your patient?
The approach of doctor knows best does not work any more – there is a legal reason for taking appropriate consent for treatment from patients. Ruth Hewitt writes
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News
Updated: First ever NHS corporate manslaughter case dismissed
Corporate manslaughter case against Maidstone and Tunbridge Wells Trust dismissed from court this morning Trial was first time an NHS organisation was prosecuted under corporate manslaughter laws Case related to death of a mother in trust’s care following emergency caesarean in 2012 Read the full ruling from the judge ...
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News
NHS business rates challenge could cost 'hundreds of millions'
Councils could face a wave of claims for business rate refunds from NHS foundation trusts in cases that revolve around whether trusts should enjoy the mandatory rate relief accorded to charities and certain other bodies.
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HSJ Local
CCG to change constitution to prevent ‘legal challenge’
Bristol CCG constitution currently says it will bar companies from procurements if they are based offshore or engage in “improper tax avoidance” Solicitors tell CCG that if a company’s arrangements are lawful, excluding them on this basis would be “contrary to procurement law” Commissioners to seek public feedback on ...
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HSJ Local
Maidstone trial: Trust should have spotted ‘red flags’, court told
PATIENT SAFETY: An expert witness was “horrified” by failings in the care of a mother at Maidstone and Tunbridge Wells Trust, and said warnings should already have been made about the doctor at fault.
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HSJ Local
Maidstone trial: Anaesthetist previously made 'basic failings', court hears
The first corporate manslaughter prosecution of an NHS trust continues at Inner London Crown Court Trial follows death of Frances Cappuccini after she gave birth by emergency caesarean section in October 2012 at Pembury Hospital Anaesthetist was allowed to continue working after “inadequacies” were found in his care of ...
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Comment
Healthier Together and the lessons of the big bad wolf
The three little pigs has echoes in the High Court judgment that should be heeded