Legal

News on legal cases in the health sector

Dr Ian Hudson

CEO of UK medicines' regulator to step down

The chief executive of the UK’s medicine regulator is to leave his post in September 2019, six months after the UK is due to leave the European Union.

King's College Hospital, Golden Jubile Wing

Uncontrolled costs and misplaced optimism sank deficit trust

A teaching hospital that ran up a deficit of more than £100m overstated the income it hoped to receive while significantly increasing staff numbers, a report has revealed.

Matt Hancock 1 3X2

Hancock interview: ‘Big private health companies’ won’t run integrated care

The health secretary has told HSJ the government is “not going to hand [integrated care contracts] to the big private healthcare companies”, and would make this clear in Parliament when it presents new NHS legislation.

Ian Trenholm Colour photo

CQC is considering 31 NHS prosecutions, new chief reveals

The Care Quality Commission is actively considering more than 31 prosecutions of NHS organisations and has hired 11 ex-military and civil police officers to review evidence.

Vast amounts of data can lead to "information overload"

Artificial intelligence to help CQC spot care failures

Artificial intelligence will help the Care Quality Commission to identify care failures and help target inspections where the risk is highest, HSJ has learned.

Rob behrens

Health ombudsman seeks regulatory powers

The Parliamentary and Health Service Ombudsman is to seek regulatory powers to help deliver a consistent NHS complaints service, as a new report says the watchdog is “in recovery” after a period of crisis.

Gateshead Health NHS Foundation Trust

Sacked trust chief executive lodges appeal

A chief executive sacked in September has lodged an appeal against his dismissal.

Jon Restell

Fit and proper person test used as ‘sword against managers’

Fit and proper person regulations are increasingly being used “merely as a sword against managers”, according to the head of the Managers in Partnership trade union.

law

NHS England taken to court over 'largest ever medicines procurement'

A global pharmaceutical company has taken the NHS to court over a procurement process aimed to help England become the first country to eliminate hepatitis C.

justice_law_hearing5.jpg

Waste firm seeks £15m over NHS contract terminations

The company embroiled in the clinical waste stockpiling controversy is seeking £15m from the NHS after accusing 17 trusts of unlawfully terminating their contracts, HSJ can reveal.

Queen Elizabeth Hospital Birmingham

Shelford Group trust chief criticised over unfair dismissal

A Shelford Group chief executive was “deliberately misleading” or failed to show sufficient “care and attention” in the dismissal of a whistleblowing surgeon, an employment tribunal has said.

Compton chine isle of wight

NHS England rubber stamped CCG director on £1,920 a day

NHS England approved the use of an interim director providing turnaround support for a clinical commissioning group at a cost of £1,920 a day, HSJ has learned.

law

Updated: CCG loses court challenge over £100m contract

A company has won a High Court procurement challenge against a clinical commissioning group.

Contract business

NHSI to require business cases for subsidiary companies

NHS providers must submit a business case to show setting up a wholly owned subsidiary company yields value beyond VAT savings, under new proposals from NHS Improvement.

Royal courts of justice

Firm alleges it was told 'take NHS to court and you'll lose business'

A company was told that if it pursued a procurement challenge against a clinical commissioning group it could damage its chances of winning more work, court documents allege.

Warrington Hospital

Sexual discrimination claim against female leaders dropped

An ex-NHS director who accused senior female leaders of sexual discrimination has dropped his claims, according to his former employer.

Nurse doctor

Regulator to consider 'system failings' when investigating staff conduct

Investigators for the General Medical Council are to be given “human factors” training amid changes to the regulator’s investigative processes.

Queen Elizabeth Hospital, Woolwich, South London Healthcare NHS Trust

Whistleblower who changed the law drops employment tribunal case

A doctor who “performed a public service” by securing whistleblower protection for junior doctors has withdrawn his claim he was unfairly dismissed from a London trust for whistleblowing.

Supreme Court

'Serious consequences' for NHS after negligence ruling over receptionist's advice

NHS trusts must review their practice “straight away” after a Supreme Court judgement yesterday extended their duty of care to information given to patients by clerical staff.

Equality

Former NHS director accuses female leaders of sexual discrimination

A former NHS director has accused senior female leaders at his old trust of sexual discrimination after he was found guilty of gross misconduct for agreeing an “irregular” pay off for a Morecambe Bay midwife.

Clinical waste

Exclusive: Trusts alerted as firm stockpiles clinical waste and body parts

Hundreds of tonnes of human body parts and dangerous waste from NHS patients has been stockpiled by a leading disposal company, sparking a major national incident.

sam allen

Gender balanced boards ‘good for safety’

Gender-balanced boards at NHS organisations result in “better care and safer care”, according to the leader of the Health and Care Women’s Leaders Network.

Babylon health 2

Watchdog rules GP at Hand adverts were misleading

A national watchdog has upheld a series of complaints accusing Babylon Healthcare and GP at Hand of publishing misleading adverts.

court

Trust prosecuted for asbestos failings

An NHS trust in the West Midlands is to be prosecuted for asbestos failures by the Health and Safety Executive.

Hospital operation

CQC 'cannot be relied on' to enforce duty of candour

The Care Quality Commission “can’t be relied upon” to ensure NHS trusts comply with the statutory duty of candour, a new analysis shared with HSJ has claimed.

law

Contract extended over ‘integrated provider’ court case

A community provider’s contract has been extended by four months, pending a court dispute over an integrated care deal.

Whistle

Thousands of NHS staff use speak up guardians

More than 7,000 NHS staff raised concerns with a local freedom to speak up guardian according to the latest data.

Rob behrens

Ministers told to close 'arbitrary' gap on NHS historical cases

An “arbitrary” gap in regulation is preventing NHS care failures, including alleged cover-ups, from being investigated according to senior figures who have led some of the most important NHS safety inquiries of recent years.

Royal courts of justice

NHS wins landmark legal battle against drug companies

The NHS has today won a landmark legal battle against two international pharmaceutical giants which could save the health service hundreds of millions of pounds a year.

Bruno Holthof

Third board executive leaves major teaching trust in three months

The chief executive of Oxford University Hospitals Foundation Trust has written to staff to say its chief information and digital officer has left the trust.