Legal
News on legal cases in the health sector
Minister 'nervous' about criminal sanctions on individuals
Health minister Lord Howe has said he is “nervous” about the proposal by Robert Francis QC for individual healthcare staff to be liable for criminal sanctions.
Care bill extends CQC's powers
The Care Quality Commission will be able to order Monitor to put trusts into special administration over quality failures, under new powers set out in the Care Bill.
Care claims backlog 'will take five years to clear'
The deluge of retrospective claims for continuing healthcare funding that flooded into the NHS last year will take at least half a decade to be resolved, lawyers have warned.
Exclusive: Hospital leaders say 'chief inspector' role won't work
73 per cent of hospital chief executives believe the government’s proposed overhaul of regulation and inspection will be ineffective
Exclusive: Law firm 'likely' to take on prosecution of David Nicholson
A team of specialist lawyers is likely to take on an attempt to bring a private prosecution against NHS chief executive Sir David Nicholson
Duty of candour could lead to criminal prosecution
Boards of organisations providing NHS care which breach the government’s proposed new statutory duty of candour could face criminal prosecution.
Francis response: Increased threat of prosecution for major safety breaches
NHS providers could face an increased risk of being prosecuted for major patient safety problems, which breach health and safety law, under government proposals responding to the Francis report.
Ban on gagging clauses is 'smoke and mirrors'
High level announcements about restrictions on the use of confidentiality clauses have “limited significance” but may help to clarify their effect for staff, lawyers have told HSJ.
Exclusive: Gary Walker did tell Nicholson he was a whistleblower
Former United Lincolnshire Hospitals Trust chief executive Gary Walker did seek to be treated as a whistleblower when he approached Sir David Nicholson with patient safety concerns, a document seen by HSJ reveals.
Merging foundation trusts sign competition undertakings
The providers involved in the first merger between two foundation trusts have signed up to undertakings restricting how they can communicate with each other.
Trust acknowledges errors in care of patient found hanged
PERFORMANCE: Sussex Partnership Foundation Trust has said it “sincerely regrets” the shortcomings in the care provided to a man with mental health problems who was found dead at his home last year.
Corporate manslaughter case attempt brought against Nicholson
Sir David Nicholson could face a private criminal prosecution for corporate manslaughter over deaths at the Mid Staffordshire Foundation Trust, HSJ can reveal.
Medway FT accepts health and safety fine
FINANCE: Medway Foundation Trust accepted a fine for beaching health and safety laws, according to board papers presented in January.
Complaint sparks police involvement at Kent neuro unit
WORKFORCE: A member of staff at a neuro-rehabilitation unit has been suspended and a police investigation launched after a complaint from a patient’s family about their care.
Government tendering rules will lead to big shake-up in services, lawyers warn
Lawyers have warned that new procurement rules due to come into force in April could see significant changes in the provision of NHS services.
Trust sued over surgery blunder
PERFORMANCE: Salisbury Foundation Trust is being sued by a patient who had the wrong testicle removed during surgery and can no longer have children.
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Compromise agreements 'should not silence safety concerns'
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Competition investigations spell problems for mergers
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United Lincs: Former chief exec was not 'gagged' on patient safety
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Francis proposes criminal offence to drive cultural change
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'Gagged' former trust chief accuses NHS leaders over safety
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New criminal powers for CQC would need a higher level of proof
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Medway FT fined after patient fell from window
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NHS faces new laws on honesty
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Lawyers and managers concerned as Francis recommends criminalising 'duty of candour' failures
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Analysed: primary care rebate schemes
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Rape charge HCA remanded to crown court
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Nazi salute nurse struck off
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HCA charged with rape at St Richard’s Hospital
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Social enterprise consults lawyers over lost out-of-hours contract
Practical challenges for the NHS in the Middle East
Knowledge of the local laws and culture are essential
What needs to happen to PCTs' IT assets
Guidance for sorting out the complexities of IT contracts before April
