Legal

News on legal cases in the health sector

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”.

Keith conradi 3x2

HSIB chief: We are on a 'changing trajectory'

The chief investigator of the Healthcare Safety Investigation Branch has accepted the new body has made mistakes but told HSJ it was now on an upward trajectory with plans to improve its governance.

Pay wage slip

Trusts face extra holiday pay costs after court ruling

NHS trusts could face substantially increased pay bills after the Court of Appeal ruled that voluntary overtime should be taken into account when calculating holiday pay.

Doctor strike Jan 2016

Junior doctors secure changes to disputed contract

Junior doctors have secured changes to their contract deal in the wake of the huge row with government in 2015 and 2016, including annual 2 per cent pay rises and extra money for working weekends and night shifts.

Ian Renwick

Fired trust chief exec withdraws unfair dismissal claim

A sacked trust chief executive has withdrawn his unfair dismissal claim against his former employer.

report, court

GMC manslaughter review ducks question on law change

An independent review to examine the use of gross negligence manslaughter laws in medicine has avoided examining whether the law in England should be changed.

Simon Healey

Private hospitals safety warning after patient death

A coroner has issued warnings over safety at private hospitals after a patient referred out of the NHS by his consultant died following surgery.

Gesticulating hands in meeting

CQC tells trusts to publish post-inspection letters

The Care Quality Commission has re-introduced post inspection letters for NHS trusts with an expectation that they are made public.

Jonathan Fielden

Ex-NHSE director Fielden sentenced for voyeurism

A former NHS England deputy medical director has been given a suspended sentence after a court heard how he secretly spied on a teenage girl as she took a shower.

Commissioning support woman clipboard

Independent inquiry into CQC whistleblower claims

The Care Quality Commission has announced a former civil servant will carry out an independent inquiry into a former inspector’s claims that reports of poor care at Whorlton Hall hospital were not acted on.

Nottingham Treatment Centre

Judge green-lights award of CCG's disputed £320m contract

A judge has ruled a clinical commissioning group can award a £320m contract to its local acute trust despite an ongoing dispute from a large private provider.

law

Trust apologises for surgeon's 'distress' in out-of-court settlement

A trust has reached an out-of-court settlement with a wrongly excluded senior surgeon and apologised for the “distress” the legal proceedings had caused her.

St Mary's Hospital Isle of Wight

Trust CEO fined over failure to reveal investigation reports

A trust chief executive has been fined after her organisation failed to disclose serious incident investigations to a coroner.

ECG

Safety watchdog criticises poor hospital stroke care

Tens of thousands of NHS stroke patients could be at risk of suffering fatal blood clots while recovering in hospital because of failures to assess their risk and act on care plans, the NHS has been warned.

Nhs supply chain van

Concerns raised flagship DHSC programme is unfair

A major supplier to the NHS has raised concerns with the Department of Health and Social Care that a new NHS procurement organisation could have an unfair advantage over the private sector.

Illustration showing aeroplanbe flying over the word "competition"

Exclusive: 160,000 campaigners tell NHSE they want laws changed

More than 160,000 people have told NHS England via an online campaign survey that they want the law changed “so that contracts to run NHS services no longer have to be put up for auction”.

arrested, crime, punishement, penalised

CQC reveals 'alarming' new route to prosecute directors

Individual NHS trust directors could personally face prosecution for breaches of the Care Quality Commission’s fundamental standards, it has emerged.

Contract 3x2

Legal action firm among winners for largest medicines procurement

Three pharmaceutical companies – including one which took NHS England to court over the design of a billion-pound tender – have been awarded contracts to supply drugs as part of a bid to eradicate hepatitis C by 2025.

Gosport war memorial

New criminal probe launched into Gosport hospital deaths

A fourth criminal investigation has been launched into the deaths of hundreds of patients at Gosport War Memorial Hospital.

lung cancer

Whistleblowing case reveals infighting concerns over 'unsafe' unit

A hospital trust delayed making changes to a “dysfunctional” cancer unit because staff were against closer working with a neighbour, evidence to a tribunal has alleged.

James Sanderson

Patients' choice of provider must be defended, says NHSE leader

Choice of provider remains “fundamental” and integrated care systems will “fail” if they do not offer it, according to a senior NHS England director.

Commissioning support woman clipboard

Mental health provider rated 'inadequate' after abuse allegations

The Care Quality Commission has rated an independent mental health hospital as “inadequate”, just 15 months after it was rated as “good”, and following abuse allegations being raised.

Medical examiner

Major delays to national deaths review policy

A national scheme to improve safety with closer scrutiny of deaths is seeing major delays, with a large majority of areas missing its planned go-live date, HSJ has learned.

Clinical waste

Exclusive: Clinical waste building up outside hospitals

Clinical waste is piling up outside hospitals, HSJ can reveal, amid fallout from the crisis which exploded in the sector last year.

Matt Hancock 1 3X2

Controversial PET-CT deal referred to Matt Hancock

A controversial decision to strip a leading trust of its scanning service has been referred to the health secretary.

Jonnie Meek

High Court orders second inquest into 'cover up' child death

The High Court has ordered a new inquest into the death of a three-year-old boy at Stafford Hospital following new evidence which called into doubt the original verdict.

primary care

Attempts to 'subvert' workforce rules to be investigated as 'fraud'

Primary care networks will be investigated for fraud if there is “any suspicion” of deliberate attempts to game the system designed to encourage GPs to take on more staff.

Scales of justice

Judge berates NHS Professionals and trust for 'appalling' conduct

An employment judge has branded NHS Professionals and a trust “appalling” for their failure to conclude a disciplinary case for nearly three years.

court

Most GPs excluded from historical cover under new indemnity scheme

The government’s new national GP indemnity scheme does not provide universal coverage for historic clinical negligence claims, it was announced today.

Chris Hopson

Hopson warns NHSI against 'inappropriate' regulation of managers

NHS Providers has called for Dido Harding to demonstrate she is “genuinely prepared to consider the evidence” on managers’ regulation, while its CEO has warned directors feel the proposals from Tom Kark QC are “inappropriate”.