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The latest on withdrawal of treatment: new interim guidance published

15 December 2017

New interim guidance was published on 11 December 2017 on withdrawal of clinically assisted nutrition and hydration (CANH). Prepared jointly by the General Medical Council (GMC), Royal College of Physicians (RCP) and the British Medical Association (BMA), it follows removal of the Court of Protection’s Practice Direction 9E relating to serious medical treatment cases.  Full guidance is expected in May 2018.

Cerebral palsy claims: NHS Resolution publishes thematic review

20 November 2017

NHS Resolution’s five year strategy 'Delivering fair resolution and learning from harm' focuses on prevention, learning and early intervention to address rising costs of harm in the NHS. In accordance with that strategy, NHS Resolution published its thematic review of 'Five years of cerebral palsy claims'.

Forces or forceps: the developing law of shoulder dystocia

20 November 2017

The legal landscape is constantly in a state of flux and long-established medical principles are being regularly challenged. As such, healthcare providers must be alive to advances in the medico-legal sphere.

Healthcare Brief November 2017: market insights

20 November 2017

A summary of key developments including an update on the discount rate review, MoJ progress and the post-implementation review of LASPO; a thematic review of cerebral palsy claims, a new blueprint for fixed costs, the launch of the online court pilot, judicial intervention in mental health treatment and new data protection legislation.

Innovation and collaboration: utilising innovative technology to improve patient care

01 November 2017

In July 2017, the House of Lords Science and Technology Committee launched an inquiry into Life Science and the Industrial Strategy. The inquiry aims to investigate issues such as whether the government has the necessary structures in place to support the life sciences sector; how the NHS can use procurement to stimulate innovation and the content of the new life sciences industrial strategy, once published.

Data protection: UK Data Protection Bill starts process through House of Lords

25 October 2017

The UK government published the Data Protection Bill (the Bill) on 13 September 2017. Its second reading and initial debate took place in the House of Lords on 10 October 2017. Once the wording is finalised and ratified, the resulting Act of Parliament will replace the Data Protection Act 1998 (the DPA 1998) and provide a comprehensive framework for data protection in the UK. The resulting legislation will be in addition to the General Data Protection Regulation (GDPR), which will apply directly to the UK from 25 May 2018.

A lesson in labelling: SSRIs and birth defects

18 October 2017

According to the World Health Organisation, depression is a leading cause of death worldwide and is on the rise globally.

Back to the future: claimant unsuccessful in their claim for loss of chance

18 October 2017

When quantifying future losses, the court is often required to speculate what position a claimant would be in but for the accident and injuries due to the negligence of the defendant. This is particularly true where a claimant seeks damages for the loss of their chance to pursue more lucrative occupations.

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