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Briefing quick find:

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…

Covid-19 – What next for primary dental care?

At present Government policy remains that routine dental care should not be provided, urgent care should be delivered predominantly by telephone and aerosol generating procedures (AGPs) – a large part of routine dental practice – should not be conducted outside…

CQC launches Emergency Support Framework

CQC has now published its emergency support framework. It will be well known that CQC has suspended its usual inspections during the pandemic. However its statutory duties remain in place and the support framework is intended to provide a mechanism to…

Hospital bed possession during Covid-19

Injunctive relief will be granted to remove a patient from a hospital ward when their licence to occupy has been terminated, despite the current stay on possession proceedings. The recent case of University College London Hospitals NHS Foundation Trust v…

Sexual Safety through empowerment 1 – Findings

The CQC has recently published “Promoting sexual safety through empowerment’ (the ‘Report’), which looks at: how adult social care services keep people safe from sexual harms and; how services can support individuals to express their sexuality. The CQC has drawn on conversations with providers,…

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…