Legal

News on legal cases in the health sector

Money

Fraudsters impersonated four NHS CEOs to steal their salaries

Fraudsters tried to steal the salaries of four NHS chief executives during the last financial year by impersonating them in emails, HSJ can reveal.

Spire Parkway hospital

Hundreds recalled as consultant accused of ‘unnecessary’ surgery

A surgeon has been accused of carrying out “unnecessary” shoulder operations on several NHS patients at a private hospital linked to the Ian Paterson scandal, with 217 patients recalled.

law

Coroner finds neglect caused infant’s death at scandal-hit trust

A string of failures amounting to neglect led to the death of a new-born baby, a coroner has ruled today.

court

Ex-DH and trust director spared jail over degree lie

A former Oxford hospitals trust director who admitted to a charge of fraud after lying about having a degree has been given a suspended sentence.

Pathology

Preferred bidder announced for £2.25bn contract

An incumbent pathology provider looks set to lose its bid to retain a contract worth £2.25bn over 15 years.

Simon Wessely

Revealed: Hundreds of sexual assaults each year on mixed-gender wards

Hundreds of sexual assaults are reported each year on mixed-sex mental health wards in England, HSJ can reveal, highlighting the urgent need for investment to improve facilities.

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Two-thirds of trusts failing to protect staff from violence

Around two-thirds of NHS providers were found to be breaking laws aimed at protecting staff from violence and aggression, when inspected by the Health and Safety Executive, information released to HSJ reveals.

St George’s Hospital

Major teaching trust lifted out of special measures

The Care Quality Commission has recommended a major teaching hospital trust, which once faced losing its heart surgery service following significant discord among its staff, be taken out of special measures.

Endoscopy - Royal Chesterfield

Three patients died after delayed cancer tests at teaching hospital

Three people died of cancer and another four came to severe harm after their endoscopies were delayed, a teaching hospital trust has confirmed.

report, court

Councils welcome ‘common sense’ tax victory over NHS trusts

A group of NHS trusts have lost a high court battle with local authorities over their business rates.

Syringes blood samples

Clinical trial to resume after pathologist reverses decision on death

Researchers plan to restart high-dose radiotherapy in a cancer trial after refuting the outcome of a coroner’s inquest.

INH_19064_11998

Region ‘working to 40-week target’ for treatment

A group of NHS organisations have said they are “working to referral to treatment time targets of 40 weeks instead of 18 weeks”, in board papers which they are now indicating are misleading.

court judge

Ex-DH and trust director admits fraud over degree lie

A former hospital trust director has admitted a charge of fraud after lying about having a degree.

St George’s Hospital

‘Dark force’ heart surgery unit no longer on mortality ‘alert’

The heart surgery unit at the centre of a “dark force” governance row has been moved out of “alert” status for mortality.

Kent

Stroke review failed to account for health inequalities, court told

The NHS in Kent failed to take account of its duty to reduce inequalities when it decided where to place hyperacute stroke services, a court was told.

court judge

BMA takes NHS property company to court over ‘unlawful’ fees

The British Medical Association will take the much-maligned NHS property company to court over fees charged which the union describes as “unjustifiable”.

Financial spreadsheets

NHS ‘preparing’ for contractors’ tax status row

NHS England and Improvement are reviewing contractors’ tax statuses, and say they are “prepared for every possible outcome”, after NHS Digital was hit with a £4.3m IR35-related bill.

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.

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.

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.