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‘Healthcare’
Informed consent: extension of Montgomery principles

17 April 2018

Gallardo represents an extension of the ‘Montgomery principles’ in the context of the giving of information, including diagnosis and treatment options, post-operatively. It also re-affirms that the duty owed by an NHS Trust is a non-delegable one.

Manual handling: no “real risk” of injury just because task resulted in injury

12 April 2018

The positon that employers have a duty to conduct a risk assessment only where the task presents a “real risk” of injury continues to be tested in the courts. In a recent Court of Appeal decision, where we acted for the defendant NHS Trust, the Appeal judges upheld the finding that there was no need for the defendant to conduct a risk assessment in the absence of a real risk of injury.

House of Commons considers the impact of Brexit on the life sciences sector

05 April 2018

The House of Commons Health and Social Care Committee has published a report on the second phase of its investigation into the impact of Brexit on the life sciences sector: “Brexit: Medicines, medical devices and substances of human origin”.

Implications of ‘No Deal’ for the medical devices industry post-Brexit

03 April 2018

On 10 January 2018, the European Commission issued a Notice to Stakeholders highlighting the legal and practical implications of a “No Deal” scenario for industrial products placed on the EU-27 market, to include medical devices, active implantable medical devices and in vitro medical devices.

Rapid redress and resolution scheme: where next?

29 March 2018

The Department of Health has published a summary of responses, having sought views last year on the proposed investigations into severe avoidable birth injury. Those responses confirm that reducing incidents of avoidable harm during birth must remain one of the priorities for the NHS.

Getting informed consent from your patients

23 March 2018

Knowledge is the fundamental constituent of self-determination and knowledge is power. Shifting the natural power balance in the healthcare context is essential if clinicians are to truly embrace the concept of patient autonomy and assist patients in making informed decisions about their own healthcare.

Supreme Court rules on Prohibition Notice evidence

12 March 2018

On 8 February, the Supreme Court gave judgment in a long running Scottish case involving the approach to be taken by the Employment Tribunal when considering the appeal of a Prohibition Notice issued by the HSE.

Application of the Sentencing Guideline for ‘very large organisations’

28 February 2018

Since the introduction of the Definitive Sentencing Guideline for Health and Safety Offences (the Guideline) on 1 February 2016, the sentences imposed for health and safety offences have increased dramatically. In assessing an appropriate fine, the Guideline requires the courts to follow a nine-step process to assess factors such as the level of culpability of the offender and the likelihood of harm and to fix the fine within a range linked to an organisation’s turnover.

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