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Briefing quick find:

CQC Inspections update

All providers will be aware that CQC has stopped undertaking routine inspections during the period of the pandemic, limiting on-site inspections to cases of high risk. Instead, their monitoring function has been carried out using the Emergency Support Framework, which…

A new form of Inquest?

The current pandemic has severely disrupted the vast majority of legal proceedings across the U.K and Inquests are no exception. On 11 June 2020, the Chief Coroner of England and Wales, HHJ Mark Lucraft QC issued new guidance, Guidance No…

COVID Challenges in Dentistry: Consent to Treatment

Whilst much has changed since the arrival of COVID, the law on informed consent, and the corresponding GDC standards remain the same. Consent is a frequent theme in both negligence claims and GDC investigations. COVID brings new challenges for dental…

It wasn’t written down but it did happen

We consider a recent decision of the Scottish Courts where the absence of a written record of the discussions underpinning consent to a surgical procedure were successfully overcome by the Surgeon’s evidence at trial.[1] The Background M died in September 2013 as…

A New Legal Duty for Clinicians

ABC v St George’s Healthcare NHS Trust[1] has established a new legal duty of care upon clinicians to consider disclosing confidential information without consent, if another person is felt to be at risk of serious harm.  Clinicians were previously and…