Clinical Risk

Clinical negligence

By Nigel Montgomery

For all the latest news and comment in clinical negligence healthcare law

Clinical regulatory

By Corinne Slingo

For all the latest news and comment in clinical regulatory healthcare law

Health Adviser

By Nigel Montgomery

This collection looks at the latest strategic, commercial, regulatory and negligence legal and advisory news and comment in health and social care. Health Adviser is an industry publication, produced by DAC Beachcroft, providing insight, foresight…

Health and social care integration

By Hamza Drabu

For all the latest legal and regulatory news and comment in health and social care integration

Health corporate regulatory

For all the latest news and comment in corporate regulatory healthcare law

The NHS Long Term Plan

Junior Doctors

By Rachel Roberts-Jenkins

Having worked for the NHS since its inception in 1948, and as an original panel firm for NHS Resolution, DAC Beachcroft has developed a training video and toolkit for junior doctors, which can be freely accessed here by trusts and health and social…

Learning from deaths: Does the CQC think you are doing enough?

By Corinne Slingo

How have NHS Trusts been doing with improving learning from patient deaths? The CQC sheds some light on this in its recently published report - “Learning from deaths: A review of the first year of NHS Trusts implementing the national guidance” .…

Where to draw the line between protecting the vulnerable and respecting their autonomy? Developing role of the court’s inherent jurisdiction

By Gill Weatherill

Those with an interest in the reach and extent of safeguarding responsibilities may already be following the saga of Mr Douglas Meyers, the blind 97 year old WW2 royal navy gunner taken from his home into respite care in a state of neglect, and his…

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

By Simon Perkins

The reputation of a healthcare professional has always been important. Today, healthcare professionals and providers must take increasing care of their online reputation, given the ease of patients to spread their opinions on the internet. In this…

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

By Benjamin Newall

The recent Court of Appeal decision in SPI North Limited v (1) Swiss Post International (UK) Limited (2) Asendia UK Limited [2019] EWCA Civ 7 is a helpful reminder and confirmation of the extent of investigations required for the pleading of a…

MCA Breaches: Paying the Price?

By Gill Weatherill

Not following Mental Capacity Act (MCA) requirements can amount to false imprisonment giving rise to significant damages payouts. So found the High Court in a   recent case  involving an inpatient who did not want to be discharged to a nursing…

Illegality and the recoverability of damages: a dangerous path

By Sara May

The recent Court of Appeal decision in  XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832   has attracted far less comment than might have been expected given that it overturns a policy of some 17 years standing which it set in the case of…

Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust

By Nicola Perrott

Until the Court of Appeal's decision in XX v Whittington Hospital NHS Trust, claimants who had suffered infertility due to clinical negligence could not recover the cost of foreign commercial surrogacy arrangements. This has now changed, and with it…

The NHS Long Term Plan - our view on the proposed legislative changes

By Nigel Montgomery

The long awaited NHS Long Term Plan has been published. In this alert, the first in a series, DAC Beachcroft focus on the requests for legislative change included within the Plan.

Vicarious Liability and a phobia of owls – Brayshaw v The Partners of Apsley Surgery & O'Brien

By Kristian Hansen

To what extent can a GP Practice be held vicariously liable for the acts of Locum GPs it engages?  That question, and more, was considered by Mr Justice Martin Spencer in the recent decision of  Brayshaw v The Partners of Apsley Surgery &…

Supreme Court Judgment in MM - Clarity at Last?

By Helen Kingston

Finally, we now have the Supreme Court conclusion to the long-running issue of conditional discharge and deprivation of liberty. In this briefing, we look at the judgment in   MM   and its practical impact.