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Late on 18 December 2018 the Scottish Parliament passed stage 1 of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill (the Bill) in Holyrood.
We have taken a look at some of the HSE hot topics emerging over recent months and interesting recent developments.
A summary of key developments, including an update on the Civil Liability Bill, draft legislation from Jersey on the discount rate, a new video hearings pilot scheme, delays with clinical negligence reforms, an update on the Patient Safety Bill, a new report from the Care Quality Commission and an independent review of the Mental Health Act 1983.
A roundup of recent court decisions raising issues in relation to the deprivation of liberty, the duty to warn non-patients, the duty of care receptionists owe to patients, the impact of absentee witnesses and an update on the rules of consent.
The Private Healthcare Facilities (“PHF”) Bill (“the Bill”) was passed by the Legislative Council on 15 November 2018 and it will be gazetted on 30 November 2018.
Case review 29/11/2018
The Supreme Court concluded that the Mental Health Act 1983 does not permit the Secretary of State for Justice to impose conditions amounting to detention or a deprivation of liberty upon a conditionally discharged restricted patient.
In March 2018 the way a patient in Victoria can direct their care after they lose decision making capacity changed with the introduction of the Medical Treatment Planning and Decisions Act 2016 (‘Act’).
Medical Defence Organisations have grown accustomed to a consistent rise in the overall costs of clinical negligence claims, however, it is now widely regarded to be at an unsustainable level.
Case review 15/11/2018
This case considered the scope of the duty of care owed by healthcare professionals to non-patients, confirming that it would only arise in the most novel of cases.
On 24 October 2018, the Chief Minister of the States of Jersey lodged the Draft Law, which deals with damages in high value injury claims, following concerns about the discount rate and periodical payment orders arising from an ongoing abuse case.