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Article 12 jan 2021
The call continues for pre-action protocols in clinical negligence claims in Ireland
After several years of careful consideration by review committees, key stakeholder groups and the subsequent preparation by the legislature of legislation, pre-action protocols in clinical negligence claims are yet to be introduced in Ireland. Despite the Legal Services (Regulation) Act coming into force in 2015, commencement of section 219 of the Act - the final step required for the drafting of the necessary regulations to formally introduce the pre-action protocols - has not been commenced.
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Article 1 dez 2020
Healthcare Brief December 2020: latest decisions
A roundup of recent court decisions in relation to consent for prescription decisions; the standard of proof applicable in inquest proceedings; expert evidence; the quantification of accommodation claims; and the requirement for expert evidence in professional negligence cases.
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News 27 nov 2020
Kennedys celebrates 20 years in Hong Kong with office move
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
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Article 25 nov 2020
Healthcare Brief market insights - December 2020
A summary of key developments, including the reintroduction of ‘shielding’ in England; updated guidance from the General Medical Council on decision making and consent; the discount rate in Northern Ireland and the Republic of Ireland; bereavement damages for cohabitees; publication by the Office of National Statistics of the 2020 first ASHE release data; and new guidance from the Information Commissioner’s Office on subject access requests.
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Case review 25 nov 2020
Expert retreat in clinical negligence claim not persuasive
Paula Grove (Executor of the Estate of Margaret Cook, Deceased) v Secretary of State for Health & Social Care [06.11.20] - The case relates to the deceased’s mitral valve and whether treatment received in relation to its functioning was timely and adequate.
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Article 23 nov 2020
The duty of candour – a review
The duty of candour arose out of the inquiry into the breakdown of care at Mid Staffordshire NHS Foundation Trust, led by Robert Francis QC (the Francis Report, published in February 2013). It is a legal duty for a care organisation to be open and honest with patients and/or their families when something goes wrong that appears to have caused or could lead to significant harm in the future.
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News 10 nov 2020
Kennedys recognised by peers in The Times' Best Law Firms 2021 report
We are pleased to announce that we have been recognised as one of the Best Law Firms in England and Wales for professional negligence in The Times' Best Law Firms 2021.
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Article 3 nov 2020
Review: American Congress of Rehabilitation Medicine (ACRM) Annual Conference 2020
We attended a variety of virtual sessions over four days of ACRM 2020, including seminars, panel debates and product exhibitions from a diverse range of institutions, clinicians and entrepreneurs.
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Article 2 nov 2020
Personal Injury Brief market insights - November 2020
A summary of key developments including Ogden 8, bereavement damages for cohabitees, an update on consultation on the personal injury discount rate in Ireland and Northern Ireland, and the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill.
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Article 2 nov 2020
Personal Injury Brief: latest decisions November 2020
A roundup of recent court decisions raising issues relating to calculation of accommodation claims, uncontroverted expert evidence, withdrawal of admissions, the effect of liquidation and restoration on limitation periods, withdrawal of Part 36 offers, striking out of claims, and fundamental dishonesty.