Duty to inform patient of risks of alternative treatments

The case of Janet Birch v University College London Hospital NHS Foundation Trust [2008] (the Trust) held that the defendant Trust was negligent because it did not properly obtain patient consent for a procedure as it failed to discuss the comparative risks of an alternative, lower risk procedure with the claimant.

Legal representatives at a disciplinary hearing?

In a significant decision of the Court of Appeal in July, Kulkarni v Milton Keynes Hospital NHS Foundation Trust, it was held that doctors and dentists employed by the National Health Service are entitled to legal representation at internal disciplinary hearings by a legal representative instructed or retained by their medical defence organisation.

Negotiation and management of your ISTC contracts

Our healthcare team has been advising the NHS for many years and the Department of Health’s Commercial Directorate since 2004. Nine key members of our team have enjoyed secondments to the Directorate’s Central Contract Management and Procurement Units. We gained a deep understanding of their contracts, the practicalities of their operation, the subsequent impact on service delivery and the policy that impacts on your business. We could use this experience to your advantage as ISTC contracts transfer to SHAs.

FOIA will only extend to four new bodies, says government

A consultation on government proposals to make an Order designating private companies as ‘public authorities’, and therefore subject to the Freedom of Information Act 2000 (FOIA), will result in only four new bodies becoming subject to the Act.

POVA and POCA lists

The House of Lords ruled in favour of four Royal College of Nursing (RCN) members who were unfairly excluded from the workplace under the Protection of Vulnerable Adults (POVA) and Protection of Children Act (POCA) lists.

Religious belief - not just a private matter

"Everyone has the right to freedom of thought, conscience and religion". This is the well-established principle set out in Article 9 of the European Convention on Human Rights. Article 9 goes on to provide that the right includes the right to manifest one's religion or belief in worship, teaching, practice or observance.

Data protection update

Between January and April 2009, a total of 140 security breaches were reported by NHS bodies to the Information Commissioner’s Office. Examples of security breaches include the loss of an encrypted memory stick carrying medical details of over 6,000 prisoners (an attached note set out the password) and the theft of an unencrypted unsecured laptop carrying 10,000 GP patient records. To date, these incidents have, so far resulted in informal enforcement action. The introduction of a new regime of direct fines due to be implemented in the second half of 2009, is set to increase the pressure on NHS bodies to avoid data protection breaches in future.

Government publishes details of proposed new 'fit note'

The government has recently announced details of the new 'Statement of fitness for work' which, it is anticipated, will replace the current 'sick note' used by GPs, in spring 2010.

Licence to Practise

From 16 November 2009, all doctors who wish to practice medicine in the UK will need to be registered with the General Medical Council (GMC) and also hold a Licence to Practise. The Licence to Practise will be the first step towards the introduction of revalidation. This new approach to medical regulation will give patients and employers regular assurance that their doctors are up to date and fit to practice.

Mental Capacity Act website

Morgan Cole launched their Mental Capacity Act website back in March. The Mental Capacity Act 2005 is a profoundly important piece of legislation. It came into force on 1 October 2007, but has been substantially amended with effect from 1 April 2009.