Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
The Royal College of Surgeons (RCS) has warned that changes must be made now so as to ensure all patients are appropriately advised and enabled to give proper, informed consent before surgery.
The RCS’s warning in October 2016 comes after the landmark judgment given by the Supreme Court in the case of Montgomery v Lanarkshire Health Board in 2015. The case clarified the meaning of patient consent and reinforced the importance of patient autonomy.
The RCS published new guidance for surgeons regarding patient consent in October 2016.
A patient’s legal and ethical right to decide what happens to their body is a long established right. For many years clinical practice was paternalistic; with doctors deciding what risks they thought a patient should be told about, sometimes to ‘protect’ a patient from worry about the potential risks. However, the court in Montgomery disapproved of this approach and brought the focus back to patient autonomy.
It is now clear that patients must be given information about all options, potential benefits and material risks inherent in each option. The ‘material risk’ will vary from patient to patient, for example, the risk of reduced hand movement would be a material risk for a decorator but might not be for another patient.
Despite over a year passing since the Supreme Court ruling in Montgomery, the RCS warn that not all hospitals and doctors have made the necessary improvements to the consent process. This undermines patients’ rights and could jeopardise patient safety.
At Anthony Collins Solicitors we have represented clients who have not been given proper advice before consenting to surgery. In some cases, clients were given barely any information, no alternatives and felt under time pressure to consent to a procedure. In some circumstances patients have a legal right to bring a compensation claim against the NHS Hospital Trust or, if they were receiving private healthcare, against the doctor. Inadequate advice on alternatives and pressure to have procedures can be a particular problem in the private sector.
For more information regarding compensation claims arising from inadequate advice about surgery, please contact Ann Houghton. Ann and our team will be happy to speak with you on an initial free, no obligation basis.
Ann is a specialist clinical negligence and personal injury solicitor.
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
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