Legal

News on legal cases in the health sector

Surrey county hall

Virgin Care and NHS partner win £85m contract

Virgin Care and an NHS provider have won an £85m joint community services project.

Aidan Fowler

Safety alerts to be reformed to reduce trust burden

All safety alerts issued by national bodies are to be standardised under a single template in an effort to eradicate confusion and reduce the burden on NHS organisations.

hospital dispensary-466409045

Queen’s Speech may include new powers for fining trusts

The Queen’s Speech could cover new patient safety legislation, including giving the Healthcare Safety Investigation Branch extensive new powers, such as the ability to fine trusts and seize equipment.

Scales of justice

Trust must pay £96k to sacked worker after ‘appalling’ HR message

An ambulance trust has been ordered to pay £96,000 to a wrongfully dismissed employee after a tribunal branded its response to his concerns as “appalling”.

Hospital corridor with gurneys-157533457

NHS faces legal action from ‘abandoned’ IV feed patients

The NHS and the national medical regulator could face legal action over the shortage of intravenous feed supplies for hundreds of UK patients, HSJ has learned.

law

NHSE agrees confidential settlement in overcharging allegations row

NHS England has agreed a settlement with one of the country’s largest clinical waste companies following allegations of “substantial overcharging”.

Hospital corridor with gurneys-157533457

‘Reprehensible’ action by regulator sparks call for inquiry

Senior clinicians have called for a review into how hundreds of patients have been left without intravenous food after action by the medical regulator severly curtailed its supply.

Royal Courts of Justice

CQC criminal prosecutions jump by a third

The Care Quality Commission has increased the number of criminal prosecutions of health and social care providers by more than 32 per cent in a year.

claire murdoch

NHSE director slams local authorities for ‘relentless retendering’ of health services

NHS England’s national director for mental health has reignited the debate over local government’s stewardship of public health services by claiming “relentless retendering” is damaging integration, quality and staff morale.

Hospital corridor with gurneys-157533457

Dozens of patients admitted in feed supply emergency

Dozens of patients including children have now been admitted to hospital because of the national shortage of intravenous food supplies for patients who cannot eat normal food, HSJ has learned.

IV drip

Exclusive: NHSE declares emergency over IV shortage

The shortage of intravenous feed supplies affecting hundreds of patients across the country has been declared a national emergency incident by NHS leaders.

report, court

CQC triumphs in tribunal battle with private provider

 A tribunal has backed the Care Quality Commission for a second time over its refusal to register a new “campus style” learning disability care home.

Ambulance call

Warning over NHS 111 role in teen’s death

The NHS has faced fresh calls to make changes to its 111 service after a coroner blamed its triage system for confusing a 17-year-old who later died.

royal courts of justice

Junior doctors win landmark case over rest breaks

NHS trusts could face substantial claims for backdated pay from junior doctors after judges ruled one trust had breached their contracts.

Digital

Google AI lead: Machine learning 18 months away from NHS hospitals

Artificial intelligence will be used to foresee and prevent the onset of life-threatening conditions in NHS hospitals in “substantial pilots” in about 18 months, Google DeepMind’s clinical lead has predicted.

law

Mega-merger trust unfairly dismissed head of HR

A hospital trust involved in a merger with two other trusts has lost the second employment tribunal claim brought by a redundant senior manager this year.

empty board room meeting

CQC guilty of maladministration in £200k fit and proper person case

The Care Quality Commission has been found guilty of maladministration over its handling of a fit and proper person test complaint which led to a £200,000 investigation by an NHS trust.

A big pile of paperwork

PCNs at risk from ‘rough and ready’ legal paperwork

Many of the legal documents that underpin the agreements uniting GPs in the NHS’ flagship primary care scheme may be “rough and ready” and need redrafting, HSJ has learned.

simon stevens

Stevens: Lawyers get in the way of doctors learning

Lawyers sometimes get in the way of doctors learning from patient safety incidents, says Simon Stevens.

health data

NHSX to oversee industry access to patient data

Matt Hancock’s new tech unit is assuming new controls of the sharing of NHS patient data with industry, after banning trusts from striking their own exclusive deals.

University Hospitals of Leicester NHS Trust

Fired consultant wins right to appeal after Bawa-Garba report released

A consultant has won the right to appeal his employment tribunal, after fresh evidence was unearthed about his department during the fallout from the Bawa-Garba case.

Regulation jpg

Ministers push back radical shake-up of professional regulators

Ministers will not reduce the number of professional regulator bodies until further work and a second public consultation have been carried out.

Coins money

Court date set for NHS business rates challenge

A court date has been set in the long running legal battle between councils and NHS trusts over whether they should be classified as charities and so receive an 80 per cent discount on their business rates bills.

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£5bn care problem being ‘ignored’, warns national lead

The NHS is ignoring the £5bn cost pressure stemming from wound care, the national wound care strategy lead has warned.

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£920k payout in warring surgeons case

A clinical director was dismissed from his job at a district general hospital after a subordinate raised concerns about him performing “unsafe” private work, a tribunal has revealed.

Parliament, policy, politician, government

MPs back most of NHS England’s proposed reforms

The Commons health and social care committee has said it “welcomes” the thrust of NHS England’s proposals for legal change, but raised queries and objections on some important points.

Ambulance.

Warning over effect of holiday pay ruling

NHS Providers has warned that trusts will need extra funding if changes to how holiday pay is calculated go ahead.

Ambulance

Ambulance director admits paramedics took too long to reach terror victims

A senior London Ambulance director has admitted it “took too long” to get paramedics to the victims of the London Bridge terror attacks.

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Trust fined £200,000 for prisoner death

A mental health trust has been fined £200,000 for breaching the Care Quality Commission’s fundamental standards in only the second case of its kind.

Documents

Safety watchdog hit by poor governance and culture

Poor governance and cultural problems at the Healthcare Safety Investigation Branch have damaged staff morale and led to confused decision making according to multiple whistleblowers, who told HSJ it had also seen major delays to its reports and needed to be “put back on track”.