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Medical Objects Left Inside Patients
We have had recent success in obtaining a discontinuance against the Defendant Trust in a claim involving a foreign object left in situ. Broadly, the Claimant (“C”) alleged that surgeons negligently left plastic coating in his body following removal of a spinal cord stimulator wire that had been in place for 12 years. The plastic coating of the wire was left in situ causing a low-grade infection and C suffered from related symptoms for around two years.
What to consider when purchasing a care home: the legal aspects
The process of buying a care home requires input from specialist legal advisors who are experts in both business law and health and social care law. When purchasing a care home, you should consider the following...
Telemedicine – clinical negligence considerations
Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.
Organ donation update
The Organ Donation (Deemed Consent) Act 2019 Regulations 2020, obtained Royal Assent in March 2019 but came into power on 20 May 2020. This means that Organ donation in England has moved to an “opt out” system. Click to read our summary.
The often overlooked value of IP and common mistakes in dealing with it
We live in an increasingly digital age where technology and innovation are at the forefront of everything we do, with new apps, websites and content being released and published daily, helping us stay in touch with people all around the world.
Private practice practising privileges – What to do when problems arise
Stephen Hooper and Simon Eastwood give some essential guidance on practising privileges for independent practitioners.
Capacity to consent to dental treatment: Re TE [2020] 5 WLUK 300
The judgment of Mrs Justice Knowles last week illustrates potential difficulties dentists may face if a patient lacks capacity.
How will your PCN work with others?
One of the requirements of the Network Contract DES Specification for 2020/21 is for PCNs to agree how to work with local community services providers, mental health providers and community pharmacy providers.
Coming together under pressure: Network DES 2020
Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some key points in the new Primary Care Network direct enhanced services contract
Consumer law update: are your residents’ contracts compliant?
The CMA has published guidance highlighting the key changes to consumer law and the possible need for Care Homes to update their agreements to ensure compliance. Matt Donnelly provides an overview.
Advance care planning – a difficult path to tread?
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
Medico Legal Magazine – Duties of an expert witness: the importance of knowing your limits
Regulatory expert, Stephen Hooper, highlights the importance of remaining objective as an expert witness.
Podcast – The need to know on the Network Contract Direct Enhanced Service (DES)
From the contract specifics, to the key considerations and the legal and practical implications in between, this podcast offers a bitesize overview of what primary care should be mindful of before 31 May 2020.
Newsflash: GOC Guidance
Hempsons' Regulatory and Crime Team have put together a comprehensive summary of the guidance provided by the General Optical Council in response to the COVID-19 pandemic.