The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
These are an extension of the "duty of candour” guidelines introduced for the NHS and private healthcare organisations. Previously the duty to tell a patient when a mistake had been made did not apply to individual medics.
This is a very important development in patient care, both in the NHS and in the private sector. Up until now, many of our clients would be deprived an apology as the NHS ‘closed ranks’ and refused to admit mistakes. We all know mistakes happen – often because a hospital has demanded too much from over-stretched staff – but a simple apology and reassurance that steps have been taken to prevent the mistake being made again is fundamental.
Our investigation of clinical negligence cases has highlighted that many involve easily avoidable errors, which have had devastating, long-term impacts on our clients and their families. Errors such as failing to give the right medication, not recognising signs of cancer, failing to follow guidelines for urgent referrals and not delivering a distressed baby quickly happen all too often.
In the case of one of our clients, they only received an apology for a long delay before a cancer diagnosis was made after we were instructed to pursue a clinical negligence claim for her. A previous formal complaint made by our client to the hospital Trust was brushed aside, as were her concerns before the cancer was diagnosed. Once we were instructed the hospital finally admitted they made mistakes.
Hopefully the duty of candour will mean this resistance to admitting mistakes happens less in the future.
For more information about the duty of candour or how Anthony Collins Solicitors’ dedicated, specialist clinical negligence team can help you, please contact Ann Houghton, on 0121 212 7478 or firstname.lastname@example.org.
The Legal 500 and Chambers UK Guide recommend Anthony Collins Solicitors as one of the leading law firms in Clinical Negligence in the West Midlands.
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
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