NHS misplaced half a million patient documents – BBC News
‘Thousands of NHS patients may have come to harm because of an administrative mix-up, says NHS England. Some 500,000 documents containing medical information, including cancer test results, were...
View ArticleSurrogacy Law /HFEA Update (February 2017) – Family Law Week
‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments...
View ArticleGP surgery administrator fined for illegally accessing patient records –...
‘A former NHS administrator has been ordered to pay nearly £800 in fines and costs after pleading guilty to unlawfully accessing patient records.’ Full story Local Government Lawyer, 17th May 2017...
View ArticleWill genetically-informed medicine upend medical confidentiality? – UK Human...
‘ABC v St George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336. In a fascinating twist to the drama of futuristic diagnosis, the Court of Appeal has allowed an argument that doctors treating a...
View ArticleMedical privacy – Panopticon
‘Do clinicians treating a patient with Huntington’s Disease have a duty to disclose the diagnosis to the patient’s daughters? Arguably so, says the Court of Appeal in ABC v St George’s Healthcare NHS...
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Case Law Update – Byrom Street Chambers
‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’ Full StoryByrom Street Chambers, 26th September 2017Source:...
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Dentist fines: Mistakes over addresses hitting thousands – BBC News
‘Many fines incorrectly imposed after dental treatment are because of mistakes over patients’ addresses, says a health watchdog.’ Full StoryBBC News, 24th October 2017Source: www.bbc.co.uk
View ArticleHigh Court grants legal challenge against NHS-Home Office deal to hand over...
‘The High Court has granted a legal challenge against a NHS-Home Office deal to hand over patient data to immigration officials. The challenge, put forward by Migrants Rights Net (MRN), a UK charity...
View ArticleGovernment ‘failing to act on serious concerns about NHS data sharing’ raised...
‘The government has been accused of failing to act on “serious concerns” raised by doctors and MPs about an NHS policy that sees patient details shared with immigration authorities.’ Full StoryThe...
View ArticleEx-hospital worker prosecuted for inappropriately accessing patient records –...
‘A former receptionist of a Milton Keynes hospital trust has become the latest NHS employee to be prosecuted for accessing patient records without authorisation.’ Full StoryLocal Government Lawyer,...
View ArticleMixed Data in the Court of Appeal – Panopticon
‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’ Full StoryPanopticon, 2nd July...
View ArticleConfusion as solicitors make medical record requests for clients under GDPR –...
‘There is confusion over whether solicitors can seek medical records for free by making subject access requests (SARs) under the General Data Protection Regulation (GDPR).’ Full StoryLitigation...
View ArticleCourt backs recoverability of agency fees in PI claims – Law Society’s Gazette
‘The court has ruled in favour of claimants in a battle over medical agency fees that affects thousands of low-value personal injury cases.’ Full StoryLaw Society's Gazette, 1st March 2019Source:...
View ArticleAutistic people angry at having to disclose diagnosis to DVLA even if driving...
‘The National Autistic Society (NAS) is challenging a decision by the Driver and Vehicle Licensing Agency (DVLA) to force autistic people to inform them of their diagnosis even if it does not affect...
View ArticleSolicitors using GDPR for medical records “is like patient request” –...
‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’ Full...
View ArticleNHS employee fined for unlawfully accessing personal records – Local...
‘An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.’ Full StoryLocal Government Lawyer, 21st March 2019Source:...
View ArticleSolicitors can recover VAT on full MRO fee, says appeal court – Litigation...
‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected...
View ArticleGosport hospital scandal: Families of victims furious at lack of immediate...
‘Families whose loved ones were killed in Gosport War Memorial Hospital have expressed their fury at the prospect of enduring a further wait that could last years to learn whether criminal charges are...
View ArticleSolicitors Can Recover VAT On Medical Reporting Organisation Fee: British...
‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting...
View ArticlePolice demanded rape victim’s phone and medical records despite identifying...
‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’ Full StoryThe Independent, 10th...
View ArticleDavid Rose discusses: Stay of Proceedings on Medical Grounds – Park Square...
‘Parties who seek to obtain a stay of proceedings on the grounds that the stress of litigation is injurious to their mental health need to produce strong and compelling medical evidence before the...
View ArticleCJC group fails to agree fixed costs for clin neg cases – Litigation Futures
‘The working group charged with agreeing fixed recoverable costs (FRCs) for clinical negligence claims worth up to £25,000 has been unable to do so, although it has made progress on process changes.’...
View ArticleJudge demands “level playing field” on recording medical examinations –...
‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’ Full StoryLitigation Futures, 21st April 2020Source: www.litigationfutures.com
View ArticleHealth Records and the Deceased – Panopticon
‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was...
View Article1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row
‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’ Full Story1 Crown Office Row, 15th May 2020Source: www.1cor.com
View ArticleCovid-19 will have “major impact” on £700m medico-legal market – Litigation...
‘The medico-legal and insurance services (MLIS) market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.’ Full StoryLitigation Futures,...
View ArticleDisclosure of information to GP: not “data” under GDPR – UK Human Rights Blog
‘The High Court has struck out a claim that the disclosure of certain personal information made by a charity to the claimant’s GP was unlawful. Although only summary, this judgment goes to the heart of...
View ArticleWoman jailed after forging court order in bid to obtain medical records of...
‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of...
View ArticleRe B: Judgment or Press Release? – Transparency Project
‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In...
View ArticleChildren: Private Law Update December 2020 – Family Law Week
‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’ Full StoryFamily Law Week, 8th December 2020Source: www.familylawweek.co.uk
View ArticleUnnecessary Private Law Applications – a warning shot from the judiciary –...
‘Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.’ Full StoryFamily Law Week, 16th December 2020Source:...
View ArticleImproper Non-Disclosure of a Complainant’s Medical Records – Pump Court Chambers
‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of...
View ArticleLabour asks NHS and Matt Hancock to pause plans for sharing patient data –...
‘Labour has urged the NHS and Matt Hancock to pause their plan to share medical records from GPs to allow time for greater consultation on how the idea would work, saying that maintaining patients’...
View Article1,500 more patients of jailed breast surgeon Ian Paterson recalled – The...
‘Health officials are recalling a further 1,500 patients of the jailed breast surgeon Ian Paterson, more than two decades after he treated them, after the discovery of an old IT database.’ Full...
View ArticleBetsi Cadwaladr: Apology over Jean Graves, 10 years on – BBC News
‘A son has accepted a settlement and an apology from the north Wales health board nearly 10 years after his mother was a patient in a mental health unit.’ Full StoryBBC News, 26th March 2023Source:...
View ArticleWarnings over NHS data privacy after ‘stalker’ doctor shares woman’s records...
‘The confidentiality of NHS medical records has been thrown into doubt after a “stalker” hospital doctor accessed and shared highly sensitive information about a woman who had started dating her...
View ArticlePolice barred from requesting rape victims’ medical and school records –...
‘Police will be barred from asking for rape victims’ therapy, health, school or other personal records unless it is “absolutely necessary” under new laws to reverse plummeting conviction rates.’ Full...
View ArticleGoogle representative action on behalf of 1.6m people struck out – Legal Futures
‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’ Full StoryLegal Futures, 22nd May...
View ArticleLaw Commission calls for tighter rules on use of personal records in rape...
‘Greater restrictions should be introduced on the use of rape complainants’ personal records and evidence relating to their sexual behaviour to avoid rape myths contaminating trials in England and...
View ArticleJudge throws out DeepMind NHS data action – Law Society’s Gazette
‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the...
View ArticleCambridgeshire NHS trust makes U-turn over suicides review – BBC News
‘The deaths of dozens of patients at a mental health trust who took their own lives will be reviewed externally after fears of a “cover-up” were raised.’ Full StoryBBC News, 19th September 2023Source:...
View ArticleBetsi Cadwaladr: Woman dies after health board lost medical notes – BBC News
‘A woman died after medical notes referring her for further tests were lost by a health board, an inquest has heard.’ Full StoryBBC News, 2nd November 2023Source: www.bbc.co.uk
View ArticleClaimant lawyers ordered to pay half the costs of a fundamentally dishonest...
‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’ Full StoryLaw Society's Gazette, 28th March...
View ArticleGovernment backs amendment to better protect victims’ counselling records –...
‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’ Full StoryMinistry of Justice, 23rd April 2024Source: www.gov.uk
View ArticleGrindr goes to Court (Part I): UK Data Protection Law and the Disclosure of...
‘A case brought in April 2024 before the High Court of England and Wales alleges that Grindr shared sensitive information, including users’ HIV status, with third parties for commercial purposes in...
View ArticleGrindr goes to Court (Part II): Individuals’ HIV Status and the Right to...
‘Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines the human rights...
View ArticleNHS confirms patient data stolen in cyber attack – BBC News
‘NHS England has confirmed its patient data managed by blood test management organisation Synnovis was stolen in a ransomware attack on 3 June.’ Full StoryBBC News, 24th June 2024Source: www.bbc.co.uk
View ArticleDoctor warned Valdo Calocane could kill, three years before Nottingham...
‘Family share medical records of Calocane’s mental illness with BBC that they say show missed opportunities to prevent attacks.’ Full StoryThe Guardian, 12th August 2024Source: www.theguardian.com
View ArticleTribunal criticises BSB for prosecuting “sleeping” barrister – Legal Futures
‘A disciplinary tribunal has sharply criticised the Bar Standards Board (BSB) for how it approached the prosecution of a barrister who provided clear medical evidence to explain why she struggled to...
View ArticleMisuse of private information: Google and DeepMind Technologies – UK Human...
‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private...
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