Legal

News on legal cases in the health sector

Royal courts of justice

Campaign group wins right to appeal ACO ruling

The Court of Appeal has granted a campaign group permission to appeal a judicial review ruling it lost against NHS England in May.

United Lincolnshire Hospitals NHS Trust

CQC investigates trust over 'duty of candour' breach

The Care Quality Commission could take action against an NHS trust after a coroner exposed its poor handling of a patient death and failure to follow duty of candour rules.

court judge

DHSC wins legal case over £730m logistics contract

A high court judge has dismissed a company’s legal challenge over the Department of Health and Social Care’s decision to award a £730m NHS logistics contract to a new provider.

report, court

Ex-manager jailed after defrauding trust to fund 'lavish lifestyle'

A former contract manager at a hospital trust has been sentenced to jail after using his position to defraud the organisation of more than half a million pounds.

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Medical regulator loses Bawa-Garba appeal case

The Court of Appeal has backed Dr Hadiza Bawa-Garba in her appeal against the General Medical Council’s bid to have her struck off the medical register following a conviction for gross negligence manslaughter.

Scales of justice

Major savings project threatened by legal case over £730m contract, says DHSC

Senior government officials have warned that a legal challenge by the incumbent provider of the NHS Supply Chain threatens the success of a major savings programme.

amin abdullah

Suicide nurse 'treated unfairly' by trust, inquiry reveals

An independent investigation has criticised an NHS trust and its staff for “unfairly” treating a senior nurse who went on to be dismissed before killing himself by setting himself on fire in 2016.

Financial spreadsheets

Reconfiguration key to 'special measures' CCG's turnaround

Four CCGs placed into special measures by NHS England won’t be able to solve all the area’s problems until a decision is made on a reconfiguration of acute and specialist services, the accountable officer has warned.

drugs2

Ministers to ask drug companies to stockpile six weeks of medication

Drug companies are due to be asked to stockpile up to six weeks of medications ahead of a potential no deal Brexit, HSJ understands.

Corporate meeting

NHS England integration blamed for failure to sign care concerns protocol

NHS England and NHS Improvement have blamed a proposed integration of the two national bodies as the reason they did not sign up to a new protocol sharing concerns about poor care.

Corby urgent care centre

CCG loses high court battle to close urgent care centre

A High Court judge has thrown out plans by a CCG to replace a walk-in urgent care centre with an appointment only primary care hub.

Babylon lifestyle chatbot 616752506

Revealed: Babylon email threats to CQC

Babylon Healthcare threatened to sue the Care Quality Commission for damages and suggested one of its chief inspectors could appear biased amid attempts to block a critical inspection report.

law

Waste disposal firm considered plan to 'hurt the NHS' to protect profits

A company discussed plans to potentially “hurt the NHS” in retribution for contract changes that threatened its profits, according to a damning high court ruling.

Computer data

Trusts at risk of legal action over private activity data

Up to 100 NHS trusts have been warned they are putting themselves at risk of legal action by failing to provide data on their private patient activity, HSJ has been told.

Commissioning support woman clipboard

Regulators agree joint plan to share care concerns quicker

Eight regulators have signed up to a new “protocol” about when to share concerns with each other to prevent poor care in health and social care settings.

magnifying glass

DHSC to tighten control over wholly owned subsidiary companies

Scrutiny and regulation of the NHS’s use of wholly owned subsidiary companies will be strengthened to ensure trusts do not set up such bodies “solely” for tax avoidance purposes.

Inquest

Ministers consider legal aid changes for families at inquests

The government has launched a call for evidence on possible changes to legal aid funding for bereaved families at inquests.

Great Ormond Street

Consultant wins sex discrimination case against specialist trust

A consultant has won her claim for sex discrimination at an internationally renowned teaching hospital, in a case that revealed a “dysfunctional department”.

Nhs supply chain van

Exclusive: DHSC taken to court for 'manifest errors' over £730m contract

The Department of Health and Social Care is being taken to court over allegations of improper behaviour during the awarding of a £730m contract to deliver medical equipment to the NHS, HSJ can reveal.

court judge

NHS England wins second legal challenge

The second of two legal challenges against NHS England has failed.

Bruno Holtof

NHS Improvement takes action against major teaching hospital

NHS Improvement has taken action against a leading teaching hospital for failing to meet national targets.

Police

Health worker arrested on suspicion of murdering eight babies

A healthcare worker has been arrested by police today on suspicion of murdering eight babies and attempting to murder another six at the Countess of Chester Hospital.

law

Senior manager at major trust loses fraud whistleblowing claim

A senior manager responsible for clinical coding at a large trust, who alleged a firm of contractors had fiddled their results, has lost her employment tribunal.

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CCG U-turn on life-saving care to vulnerable patient after legal challenge

A clinical commissioning group has reversed a decision to pull life saving support from a vulnerable patient, after his lawyers argued the commissioner was breaching the Equality Act.

law

NHS trusts overturn council's £100m Virgin Care contract

A High Court judge has overturned a local authority’s contract with Virgin Care for public health services after a successful legal challenge by two NHS trusts.

Jeremy Hunt 2014

Hunt: Gosport will prompt 'searching questions' for government

Health and social care secretary Jeremy Hunt has told MPs the government will “ask searching questions” over whether safety and regulatory processes are right following the Gosport Memorial Hospital Inquiry.

Chris Hopson

NHS Providers warns against 'safe space' plans

NHS Providers has added its voice to warnings against local NHS trusts being given “safe space” powers to investigate patient safety incidents.

Jonnie Meek

Solicitor general backs CCG bid for new inquest after HSJ exposé

The attorney general’s office has backed a bid for a new inquest into the death of a three-year-old boy at Stafford Hospital following an alleged “cover up”.

clipbaord inspection

CQC warns providers over bogus inspectors

The Care Quality Commission has issued an alert to providers after two examples of people impersonating inspectors.

law

Leading information lawyer joins panel at HSJ webinar

Information law specialist Andrew Latham, from Capsticks, will be joining the panel at next week’s HSJ webinar on the General Data Protection Regulation.