In this post, Vanessa Cashman discusses this recent criminal prosecution regarding the failings in maternity care from East Kent Hospitals University NHS Foundation Trust. It is a landmark case, being the first time that the CQC has prosecuted an NHS Trust over failings in clinical care.
Category: Current Affairs
Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust [2021]: healthcare litigation and human rights
In this post, Megan Griffiths looks at the recent case of Brennan and others v (1) City of Bradford Metropolitan District Council (2) Leeds Teaching Hospitals NHS Trust [2021]1 WLUK 429, a very sad case concerning the decomposition of a woman's body in a hospital mortuary.
Essure sterilisation implant litigation: Product liability and clinical negligence post-Cumberlege
Charley Turton begins 2021 with a look ahead to the Essure sterilisation implant litigation, including in particular how it may be impacted by the damning Cumberlege review. What is Essure? Essure, a permanent, non-surgical birth control implant was approved by NICE and first marketed in the UK in 2009. A small coil made from polyester … Continue reading Essure sterilisation implant litigation: Product liability and clinical negligence post-Cumberlege
The Vaccine Damage Payments Act 1979 and the coronavirus (COVID-19) vaccine
In the first post of the second instalment of this two-part series looking at COVID-19 vaccinations, Elizabeth Boulden and Cressida Mawdesley-Thomas consider no-fault compensation under the Vaccine Damage Payment scheme. This article was first published as a News Analysis article on Lexis®PSL.
COVID 19 Vaccine – questions of safety and civil liability
The Medicines and Healthcare Regulatory Agency (“MHRA”) has given Pfizer-BioNTech’s COVID-19 mRNA Vaccine BNT162b2 temporary authorisation under regulation 174 of the Human Medicines Regulations 2012, which enables temporary authorisation to be granted in response to situations such as pandemics. In this blog, which is the first of a two-part series, Cressida Mawdesley-Thomas considers when there could be civil liability for an unlicensed vaccine. It also considers the conditions imposed by the MHRA for the granting of the temporary authorisation to Pfizer-BioNTech’s COVID-19 vaccine.
Pelvic Mesh – Do No Harm
Reflections on the Cumberlege Committee Report from a Clinical Negligence Perspective by Henry Charles and Vanessa Cashman
Standard of care in a clinical setting during the Covid-19 crisis
In this article, Isaac Hogarth discusses the issue of the standard of care to be applied to redeployed doctors in a Covid-19 setting. He suggests that legislation would be required to lay down any proposed modifications to the standard of care.
COVID-19 and Clinical Negligence Claims
Here, Henry Charles, Michael Brace and Lizzie Boulden explain why they consider that COVID-19 related clinical negligence claims arising out of redeployed healthcare professionals are unlikely to succeed on the present law. This should provide considerable comfort to healthcare professionals who are not only bravely risking their lives, but who are also working in unfamiliar roles in the national effort to fight the pandemic.
Developing an ICU Triage Protocol for COVID-19
In this blog, Daniel Sokol of 12KBW talks of his experience as a barrister and medical ethicist developing an ICU triage protocol for COVID-19. Daniel writes for the British Medical Journal on medical ethics and has also written books on the subject.
