Legal

News on legal cases in the health sector

Prerana Issar

Regulators call for overhaul of professional misconduct rules

NHS England is working to develop a single framework for all professional regulators when dealing with a conduct complaint.

anatomical ear

ENT surgery readmissions “much higher than reported”

Ear, nose and throat surgery in the NHS suffers from “significant unwarranted variation” in outcomes, a new study has found.

law

Surgeon who left patient on the table loses race discrimination case

A ruling which saw a whistleblowing surgeon lose his case for discrimination has revealed the extent of medical infighting at the “increasingly dysfunctional” ENT department within one of the country’s most troubled trusts.

Nottingham University Hospitals NHS Trust

£170k charge on whistleblower will not deter others claims tribunal

A consultant surgeon must pay an NHS trust £170,000 after he lost a whistleblowing case on appeal.

University Hospitals of Morecambe Bay Foundation Trust

Regulator misled health secretary over safety scandal

The Nursing and Midwifery Council misled former health secretary Jeremy Hunt over its handling of fitness to practise cases linked to the Morecambe Bay maternity scandal, an independent report has said.

Patient transport

Manager wins short-staffing whistleblowing case

A manager has won his employment tribunal against a patient transport company he alleged had misled clients over staffing.

baby

HSIB to stop maternity investigations by 2021

The Healthcare Safety Investigation Branch will stop carrying out external maternity incident investigations by 2021, handing them back to the NHS, HSJ has learned.

United Lincolnshire Hospitals NHS Trust

CQC drops prosecution of trust due to lack of evidence

The Care Quality Commission has dropped a prosecution against United Lincolnshire Hospitals Trust for duty of candour breaches due to a lack of evidence.

Law

Finance manager jailed for fraud must repay £220,000

A senior finance manager convicted of fraud must repay £220,000 or face another three years in jail, a judge has ruled.

Supreme Court

Trust mulls Supreme Court appeal over landmark rest case

The Supreme Court could hear a landmark case on trainee doctors’ rest breaks, which could have “huge implications” for NHS trusts.

Matthew Leahy

NHS England director backs tighter recruitment checks

NHS England’s national director for mental health is considering asking trusts to look at their recruitment processes, after discovering her own trust had hired a nurse who previously falsified a care plan.

Scales of justice

Manager wrongly sacked amid theft row, tribunal heard

A GP unfairly dismissed her practice manager, a tribunal has found, after the manager and her mother gave themselves large unauthorised pay rises.

Coffin death life expectancy

Doctors face new laws on reporting deaths to coroners

New laws will come into effect tomorrow requiring doctors to report deaths to a coroner for the first time in a bid to modernise the death reporting process in England and Wales.

Data

Revealed: Mass use of credit check firm to find NHS patients to charge

An NHS trust is routinely sharing patients’ identities with a major credit check firm to find overseas visitors who can be charged, and officials have sought to extend the scheme nationally, HSJ can reveal.

Midwife

Most maternity incidents linked to not acting on fetal heart rates

Staff failing to act on abnormal fetal heartbeats during labour was the most common contributing factor in cases where babies were born with brain damage and referred to NHS Resolution’s new early notification scheme, it has emerged.

British houses of parliament

Health and care world backs far-reaching NHS legislation

Patient, staff and NHS groups have joined with NHS England to ask government to put forward an “NHS integrated care bill”, which would scrap big chunks of the last major piece of health legislation.

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.