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10 legal issues arising from COVID-19 for private practitioners

Every sector of the economy in the UK and abroad is facing unprecedented challenges arising out of the current Covid-19 pandemic; the private healthcare sector is no exception. We have considered some of the legal issues that you may be facing in the current climate and how you might be able to respond to them. 

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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.

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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.

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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.

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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.

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