A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
Following a recent investigation, North Bristol NHS Trust have concluded that around 40% of patients who underwent innovative mesh operations to resolve bowel problems should have been offered alternative forms of treatment first.
A decision by the Supreme Court in 2015 held that patients must be advised of the material* risks of treatment they are undergoing. It is therefore important that patients are advised of treatment options which are appropriate for them, including alternatives and the option not to undergo any treatment at all. Patients should also be advised of the potential benefits and risks to them for each of the options. For some patients it may be the case that, for them, the short-term benefits of undergoing invasive treatment outweigh the negatives of not receiving treatment. However, unless their doctor has had a full and frank discussion with them it is impossible for them to make such a decision and to provide informed consent.
The importance of ensuring that you are aware of the treatment options available to you, and of the relevant benefits and risks of these, is a duty all healthcare practitioners owe to their patients. Cases, even historic ones such as at North Bristol NHS Trust, only serve to emphasise that some healthcare practitioners continue to adopt a ‘my way or the highway’ approach to treatment, instead of considering the individual needs of their patients. Many patients will still have chosen the same type of treatment even if they had been fully informed, but some would not. For the vast majority of individuals this does not result in any long-term poor outcomes, but for some patients, like those at North Bristol, they are left debilitated or in pain.
At Anthony Collins Solicitors, we have acted for clients who have suffered poor outcomes as a result of failures by healthcare practitioners to advise appropriately and enable our clients to reach informed decisions about their healthcare. If you, or someone you know, would like to know more about the services we provide, please contact Christopher Frankling. We are happy to talk to you on an initial free, no-obligation basis.
*The test of materiality is whether, in the circumstances, a reasonable person in the patient's position would be likely to attach significance to the risk, or the doctor is, or should, reasonably be aware that the particular patient would be likely to attach significance to it. The law therefore recognises that a risk which is ‘material’ or significant to one person may not necessarily be the same to another, and therefore healthcare practitioners should take into account their patient’s background, any concerns expressed and how substantial the wrong decision may be for the individual.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
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