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Hempsons’ Healthcare Newsbrief 2018
Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.
The fit and proper persons requirement
The fit and proper persons requirement - how the requirement works in practice and how it might be extended in the future.
A summary of the Dr Bawa-Garba case – and what this may mean for trusts
A summary of the Dr Bawa-Garba case - and what this may mean for trusts
Big Data, Health Data
How to unlock the potential of health data within a compliant information governance framework.
Can a disability account for bad behaviour?
A recent Employment Tribunal decision serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition, employers should be cautious of departing from medical opinion.
Inadequate record keeping invalidates contract award
Hempsons recently acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.
Record Keeping: A Silver Bullet?
Stephen Hooper has contributed an article to Implant Dentistry Today.
Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension
The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.
Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration
Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration
Bawa-Garba: the gross negligence manslaughter story latest
A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?
Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).
NHS hospital consultant surgeon with unblemished record summarily dismissed even though no gross misconduct
The consequences of summary dismissal from a professional role for misconduct are grave and life disrupting – the abrupt loss of a hard won high status career and earning capacity, possible referral to a Regulator (GMC etc) and intense personal distress.
GDPR one month on – are you compliant yet?
GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?
Case Update: Inadequate Record Keeping Invalidates Contract Award
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.