Blog

Latest blogs and legal updates

Heart attack care

Study reports findings on use of Angioplasty Researchers from Leeds University have carried out a 10 year study on the use of angioplasty (primary percutaneous coronary intervention or PPCI) and have found that while use of this procedure is now widespread, it is most commonly available to patients attending a...

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Sepsis death avoidable

The tragic death of toddler William Meads as a result of sepsis in December 2014 was avoidable according to a root cause analysis report prepared by NHS England published today. Sepsis, septicaemia or blood poisoning as it is variously known, is widely believed to be the second most common cause...

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Medical errors in Cornwall hospitals identified in report

The Royal Cornwall Hospitals Trust, which is responsible for hospitals in Hayle, Penzance and Cornwall’s largest hospital in Truro, has published it’s “Integrated Performance Report” identifying successes and failures across a range of indicators. Little detail is given of the steps being taken to address the warning notice issued by...

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Diabetes – MPs call for better prevention and treatment

The Public Accounts Committee has just published its report into the management of adult diabetes services in the NHS Cases of diabetes continue to rise with an estimated 200,000 new diagnoses each year. In their report, the Committee expressed concern about the continuing rise in the cost of treating patients...

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Capacity and crime

Developments in the legal test for mental capacity in the criminal justice system It is now over a decade since the Mental Capacity Act 2005 (MCA) was introduced. At its heart was a new test for determining whether any individual was capable of taking decisions regarding aspects of their own...

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Aneurysm screening success

A screening programme introduced in 2009 has been hailed as a success in preventing up to 2,000 deaths from abdominal aortic aneurysms (“AAA”). An aneurysm is swelling of a blood vessel which fills with blood, creating a balloon like structure. They do not generally produce any symptoms and often patients...

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Nursing in crisis?

Nursing shortages reach critical levels Hospitals across the country are suffering from severe shortages of nursing staff. New figures from the Royal College of Nursing (RCN) show that the problem is particularly acute in London with more than 10,000 vacancies in the capital being left unfilled. Over the past two...

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Health care failings and the elderly

The Parliamentary and Health Service Ombudsman, Julie Mellor, has spoken about the results of research she commissioned into the difficulties faced by elderly patients who have received inadequate healthcare. The research involved a national survey of 700 people over the age of 65, as well as a review of focus...

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Payment of care allowances to carers of Court of Protection patients

  Court of Protection (CoP) patients often have carers who are family members; this is especially common, for example, when the incapacitated person is a child where a parent will often be part of the child’s care team or act as case manager co-ordinating their child’s care. These family carers...

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SDLT – Stealth Duty Land Tax?

The Treasury published the long-awaited consultation paper (“Condoc”) on the forthcoming 3% SDLT surcharge on the acquisition of additional residential properties (“ARPs”) on Monday 28th December. Draft legislation will be published on 16th March 2016, nine working days before it comes into force Companies, commercial partnerships and trustees of discretionary...

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Over 4 million people in the UK are living with Diabetes

New figures released yesterday by Diabetes UK indicate that for the first time the number of people in the UK who are living with diabetes is now over 4 million. This represents an increase of 65 % over the past decade. It is thought that there are a further 549,000...

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Child Maintenance for High Earners – Going Beyond the Formula

This is the second part of my analysis of Mr Justice Mostyn’s decision in the appeal of TW and TM (minors), part one of which can be found here (Child Maintenance Orders made in Court). The second ground of appeal related to the amount of maintenance which the father was...

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Child Maintenance Orders made in Court

The case of TW & TM (minors) is an interesting judgement of Mr Justice Mostyn in the High Court, deciding the appeal of a non-resident father against orders for child maintenance in relation to his two children. There were two substantive points of appeal which were decided. Over the next...

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The Care Act 2014: recognising elder abuse

The new adult safeguarding regulations outlined in the Care Act 2014 (The Care Act) are now in force and provide a statutory framework for ensuring that adults in need are identified, supported and protected from abuse and neglect. In previous posts on this blog we have seen that abuse can...

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End of life care and the Deprivation of Liberty Safeguards (DoLS)

Regular readers of this blog will know that we have written extensively about recent developments concerning DoLS: the Safeguards which protect individuals detained in a care home or hospital for the purpose of giving them care and treatment, but who lack the capacity to consent to that treatment or detention....

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Appointing a litigation friend

Is the Official Solicitor always the right choice? When an individual lacks the mental capacity to take part in welfare proceedings in the Court of Protection, a litigation friend may be appointed to represent them. They will either instruct a solicitor to act on behalf of the person who lacks...

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Is a landowner responsible for trees overhanging a public highway?

In a timely response to the Ash Dieback advice being provided by Natural England to landowners and farmers with Environmental Stewardship and SSSIs, PLC has published its comments today on landowners’ responsibilities for trees overhanging the public highway (set out below). This is clearly information that our farming clients, estate...

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Ownership of medical implants

When you receive an implant, do you own the implant or does somebody else own the implant? If the implant is removed, is the explant your property or does it belong to someone else? Kerry Fifield considers the law regarding ownership of medical implants. It is becoming more and more...

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Legal Aid and funding for civil litigation

Legal Aid and future medical negligence compensation claims The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was given royal assent 1 May 2012. It is due to come in to force 1 April 2013. This is a far reaching piece of legislation with significant implications for Claimants seeking...

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Letters of Administration – a requirement for fatal injury cases?

Essential for negligence claims or an unnecessary formality? In cases where someone has died as a result of a fatal injury, those left bereft may then seek to make a claim against those responsible for the death. This could be a claim for funeral expenses, bereavement, and loss of income...

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