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Schrödinger’s consent: ARB v IVF Hammersmith Limited & R
The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...
Holiday pay update
Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...
Digital transformation – are you prepared?
Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...
Farewell to ET fees, but what next?
For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...
GDPR – are you ready?
Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.
Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
Fitness to Practise: An overview of GMC processes and common issues for independent practitioners
Due, in part, to the growing use of social media and media coverage of the healthcare profession, complaints to healthcare regulatory bodies are growing. The way in which these complaints are handled is continually evolving in order to manage the growing number of complaints.
Health start-ups: Generating revenue from intellectual property
Doctors in private practice and private healthcare operators are often innovators, developing software, equipment and treatments, and building a ‘brand.’ Using these more widely, both in British healthcare and further afield, could bring benefits to patients - and private practitioners are often keen to help this happen. However, they need to consider what happens to their intellectual property in their innovations. IP is a valuable asset – as is being increasingly realised by the NHS – and needs protecting.
Data protection – your obligations as a practice owner
If you handle and process personal information about individuals, you have a legal obligation under the Data Protection Act 1998 (“the Act”) to protect that information.
Newsflash: New tactics required in intellectual property litigation from the Autumn
There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.
Newsflash: Employment Tribunal fees abolished
The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.
Newsflash: Changes to the PSC requirements were made on 26 June this year
Companies and LLPs need to be aware of the increased information requirements in respect of people with significant control (PSC). The details of these changes only became clear at a late date with implementation from 26 June 2017.
Revalidation – a trap for the unwary?
All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.
Health start-ups: Look to the future – a round-up
"Look to the future now: it's only just begun". So sang Wolverhampton glam-rockers Slade in their well-known Christmas hit. Whilst I accept that it is still probably a little early to be getting ready for Christmas, these particular words nevertheless seem an apt way of bringing to a close our series of articles on healthcare start-ups and the increasing use of apps and technology for delivering health services.