Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The ‘NHS Atlas of Variation in Healthcare’ was published in September 2015 and looks at the performance of over 100 NHS services in more than 200 areas of England. The Atlas found that the levels of care for crucial conditions such as cancer and those patients receiving treatment for strokes varied hugely from region to region. For example, the time for admission to hospital for a suspected stroke – time being key in stroke treatment – varied vastly from eight out of ten patients being admitted within four hours in the best performing areas compared to just over one in three patients in the worst-performing areas. There is a similar story for cancer diagnosis, with 29.6% of patients being diagnosed when the cancer is at an early stage in the worst areas compared to 56% being diagnosed early in the best performing areas. Despite the well-known fact that the stage at which cancer is diagnosed and treatment can commence is inextricably linked to survival rates, there is still huge inconsistency in care.
Ann Houghton, specialist clinical negligence solicitor at Anthony Collins Solicitors, said
“It is very concerning to see that many patients across the country will receive sub-standard care simply because of where they live. In many areas NHS care is exemplary but budget cuts have meant that the old ‘postcode lottery’ is continuing even today. Every day I work with patients who have a worsened prognosis because of delays and oversights in their care, which often boils down to the ‘postcode lottery’. Quite simply, this is grossly unfair and unacceptable.”
At Anthony Collins Solicitors we are committed to helping people who have suffered as a result of clinical negligence. We represent many patients who have suffered because of delays in cancer diagnosis and treatment after a stroke, in addition to many other types of clinical negligence claims. We are a specialist team with in-depth knowledge in these areas and commitment to providing quality advice to our clients.
For more information
Contact Ann Houghton.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
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