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Article 18 mai 2022
The dangers of accessing health records without consent
In this article, we explore the recent decision of Health Care Complaints Commissioner v Payne which demonstrates the serious risks health practitioners face if they access patient health records without authority. We discuss the best practices medical practitioners should implement to protect themselves and consider the circumstances in which it may be appropriate for medical practitioners to access and disclose the health records of patients who are not under their care.
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Article 17 mai 2022
Healthcare Brief market insights – May 2022
A summary of key developments which include the Ockenden review; recommendations for NHS litigation reform; proposals for fixed recoverable costs in lower value clinical negligence claims; the draft Mental Health Act Reform Bill; the Health and Care Act and the Judicial Review and Courts Act; and the Mental Capacity Act 2005 Code of Practice and Liberty Protection Safeguards system.
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Article 17 mai 2022
The Ockenden review - a watershed moment in maternity care?
In this article, we explore the key findings, recommendations and lessons learned following the largest review into maternity services at an individual NHS Trust, chaired by senior midwife, Donna Ockenden.
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Article 17 mai 2022
Healthcare Brief latest decisions – May 2022
A roundup of recent court decisions raising issues relating to non-delegable duty of care; the reintroduction of a claim following earlier discontinuance; secondary victim claims and clinical negligence; and future care and capacity.
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Article 9 mai 2022
The Queen’s Speech 2022: what to expect
The State Opening of Parliament will take place on 10 May 2022, with the Queen’s Speech setting out the Government’s agenda and economic plans for the next session. We take a look at what new laws could be announced and what measures from last year’s Queen’s Speech are confirmed as being carried over.
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Case review 5 mai 2022
Dementia risk and provisional damages
The claimant, who was studying for a Masters degree in Fine Art, suffered a significant brain injury as a result of a road traffic accident in November 2015.
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Article 4 mai 2022
Inquest into the death of an NHS employee from COVID-19
Inquest into the death of NHS employee Mark Woolcock from COVID-19 concludes that NHS did not breach employer duty.
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Case review 29 abr 2022
Who owes a duty to a patient: practice, practitioner or both?
On 4 February 2022, the Court of Appeal handed down the latest judgement considering whether a dental practice can be held liable for the acts or omissions of self-employed associate dentists.
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Report 28 abr 2022
2022 product liability and product safety forecast: trends and future risks
In this report, Kennedys experts highlight recent legal and regulatory developments in the product safety and product liability sphere, and provide an overview of the key topics and trends that are likely to impact upon corporates and their insurers in the months ahead.
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Article 27 abr 2022
Can patients pursue legal action after the three-year limitation period?
Kennedys Healthcare team is a regular contributor to ‘The Hong Kong Medical Association News’, a monthly publication by The Hong Kong Medical Association. In this April 2022 edition, Partner Christine Tsang discusses a recent court case in relation to the question 'Can patients pursue legal action after the three-year limitation period?'