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Medical and life sciences

Blog

The Nocebo Effect: study into statins signals a timely warning

Published on 17 November 2020. By Dorothy Flower, Partner and Peter Rudd-Clarke, Legal Director

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New study into statins highlights issue of the Nocebo Effect with implications for manufacturers, insurers and society

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Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 October 2020. By Peter Rudd-Clarke, Legal Director

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NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks

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Parents contest NICE Cannabis Guidelines at Court

Published on 16 September 2020. By Natalie Drew, Senior Associate

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A family is seeking judicial review of NICE guidelines in the hope that doctors are more likely to prescribe cannabis-based medicines. The outcome could have significant consequences for the healthcare sector.

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Beyond the fruit and yoga: surviving or thriving?

Published on 16 June 2020. By Mental Health Workstream,

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Last week the RPC Mental Health Work Stream (our internal network) hosted an interactive session with over 60 colleagues and clients.

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Back to the Future: a look ahead at medical malpractice issues for COVID-19-related claims

Published on 15 April 2020. By James Davies, Senior Associate

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Future issues for Insurers to consider in assessing COVID-19 medical malpractice / clinical negligence claims.

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SC double decision on vicarious liability

Published on 03 April 2020. By Natalie Drew, Senior Associate

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Handed down on 1 April, the two, separate, Supreme Court judgments on vicarious liability were no April Fool's jokes; they are serious and welcome responses to a difficult issue.

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COVID-19: the battle between fact and fiction

Published on 01 April 2020. By Emma Kislingbury, Associate

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In the era of fake news, and at a time of global panic, how is the government responding to the daily spread of unauthorised health claims around COVID-19?

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The Archers does Insurance – a light-hearted look at coverage issues following the Grey Gables explosion

Published on 27 March 2020. By Sian Morgan, Senior Associate

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For radio aficionados, the long running radio soap The Archers is a welcome daily escape from daily life. However, the last few episodes have not been without their drama. For a medmal insurance lawyer looking to unwind after a day of (home)working, there are a number of taxing fictional issues to which one can turn one's mind.

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Blog

The "war" against Coronavirus: implications for the Life Sciences industry when regulations are loosened

Published on 25 March 2020. By Dorothy Flower, Partner and Peter Rudd-Clarke, Legal Director

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Politicians have reached for military metaphors when setting out their response to the Coronavirus outbreak. Governments hope that the Life Sciences industry will win the fight against the virus by arming the healthcare sector with pharmaceutical and medical device solutions. In the first of a series of blog posts over the coming months on Coronavirus, we examine the pressures that industry must balance when responding to the call to arms.

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Blog

Patch Test: Is your GP watching Love Island?

Published on 04 February 2020. By Genevieve Isherwood, Associate

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The reality TV phenomenon Love Island returned to viewer's screens on 20 January 2020, opening to an audience of 4.8 million. One contestant's open display of contraceptive choice has caught the attention of viewers and, hopefully, some GPs.

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Blog

General Election roundtable sheds light on key issues for the Healthcare and Life Sciences sectors.

Published on 11 December 2019. By Peter Rudd-Clarke, Legal Director

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Last week RPC invited guests to a roundtable to debate the UK political parties' manifesto promises affecting the healthcare and life sciences sectors. Some policies attracted criticism whilst one party bucked the national trend to emerge a winner.

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Blog

Endometriosis: painfully under-diagnosed?

Published on 22 November 2019. By Amber Oldershaw, Associate

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Endometriosis, described as a "silent source of unnecessary misery", affects over two million women in the UK. So, why is it taking over 7 years to diagnose?

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A judgment that will "benefit" manufacturers facing the "risks" of products litigation

Published on 15 November 2019. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Associate

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In the Seroxat group litigation, the Court has endorsed using a risk/benefit approach in claims under the CPA and upheld the trial judge's ruling regarding the limited scope of the Claimants' case

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Blog

Medicinal Cannabis – approved for NHS use

Published on 11 November 2019. By Natalie Drew, Senior Associate

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Two cannabis based medicines have now been approved for use by the NHS in England following new guidelines from NICE.

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Enter the avatar - is this medicine's new "reality"?

Published on 29 August 2019. By Florence Page, Senior Associate

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A brief look at the use of virtual and augmented reality technology in medical treatment, and some of the legal issues that could arise

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Blog

"Alexa, my symptoms are…"

17 July 2019

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Amazon has announced that Alexa will now provide its users medical advice directly from the NHS website. This blog looks at the potential impacts of this change.

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MPs Vote to Lift Abortion Ban in Northern Ireland

Published on 15 July 2019. By Genevieve Isherwood, Associate

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Last Wednesday MPs in Westminster voted in favour of lifting the abortion ban in Northern Ireland by a majority of 332 votes to 99. The passing of the amendment has been hailed as a historic day for women's rights but what does it mean practically?

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Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019. By Peter Rudd-Clarke, Legal Director

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When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Associate

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Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Royal College of Surgeons call for Robust Reporting in the Private Healthcare Sector

Published on 10 April 2019. By Natalie Drew, Senior Associate

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The Royal College of Surgeons (the “RCS”) has today called for independent healthcare providers to “improve standards in the independent sector and prevent the circumstances that enabled Paterson to continue practising from happening again.”

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Blog

Vaginal mesh: the evidence

Published on 10 April 2019. By Peter Rudd-Clarke, Legal Director

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NICE guidelines inform debate over the evidence for the risks and benefits of mesh products

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A Right Royal Deadlock: Can "Crown" use unlock patented drug?

12 March 2019

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Can the Government settle the dispute between NHS and Vertex Pharmaceuticals through "Crown" use of the patented drug, Orkambi.

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Organ Donation: The New Law

Published on 28 February 2019. By Emma Kislingbury, Associate

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An "opt-out" system for organ donation is expected to come into effect in England next year after passing the final parliamentary vote this week

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Medicinal Cannabis – How far have we really come?

Published on 25 February 2019. By Natalie Drew, Senior Associate

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Cannabis, for medicinal purposes, was legalised nearly four months ago in the UK, but how many patients are actually reaping the benefits, and how far have we really come?

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From rehabilitative robotics to automated imaging: educating the workforce for the digital future

Published on 19 February 2019. By Emma Kislingbury, Associate

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An independent review into the future impact of digital technology identifies a pressing need for specialist training within the healthcare workforce.

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"Move fast and break things" (just not patients)

Published on 08 February 2019. By Peter Rudd-Clarke, Legal Director

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The AoMRC's report on Artificial Intelligence in Healthcare presents dilemmas for clinicians, hospital and industry

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Could the NHS Long Term Plan mean less opportunity for NHS contracts?

Published on 23 January 2019. By Genevieve Isherwood, Associate

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The NHS's Long Term Plan includes a provision to repeal elements of the Health and Social Care Act 2012; in this blog we consider the potential impact on private providers and their opportunity to tender for NHS contracts.

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Hairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records

14 January 2019

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After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?

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Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

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In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

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Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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The future of the medical products sector

Published on 28 November 2018. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Associate

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In the first of our vlog series we focus on the future of the medical products sector, specifically where the sector is heading and what risks and opportunities might lie ahead.

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Blog

Jackie Doyle-Price appointed Minister for the Prevention of Suicides

Published on 05 November 2018. By Genevieve Isherwood, Associate

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What is the role of the Minister for the Prevention of Suicides, and how will her appointment impact Insurers?

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Stephen Hawking's big questions for Life Sciences

Published on 19 October 2018. By Peter Rudd-Clarke, Legal Director

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Stephen Hawking's posthumously published "Brief Answers to the Big Questions" is a fascinating foretelling of legal challenges that the life sciences sector may face.

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Fake news is bad news for patients

Published on 30 August 2018. By Peter Rudd-Clarke, Legal Director

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Gee v DePuy International Limited shows that fake news in the healthcare sector is bad news for the public

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Dr Bawa-Garba wins appeal against strike off

Published on 17 August 2018. By Genevieve Isherwood, Associate

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On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.

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Online Prescriptions or Real Life Addictions?

Published on 02 August 2018. By Natalie Drew, Senior Associate

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With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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US talc litigation has important lessons for UK insurers

Published on 02 August 2018. By Peter Rudd-Clarke, Legal Director

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Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Medicinal Cannabis: the debate continues

Published on 13 July 2018. By Emma Kislingbury, Associate

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With the debate over medicinal cannabis still going strong, we update you on recent developments which have dominated the headlines.

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Introducing the new Health Secretary…

Published on 10 July 2018. By Genevieve Isherwood, Associate

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Who is Matt Hancock, our new Health Secretary, and what impact will his appointment have?

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Off-label medicine: as bad as it sounds?

18 June 2018

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Consider this: the prescription your doctor wrote for you may not be "officially" approved for your illness. Before you panic, this may not be as alarming as you think

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Ireland Voted Yes – What next?

Published on 30 May 2018. By Genevieve Isherwood, Associate

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Considers yes vote in Irish abortion referendum

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Landmark decision in Metal-on-Metal Hip product liability litigation

Published on 21 May 2018. By Genevieve Isherwood, Associate

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Considers the decision in the DePuy Pinnacle Metal-on-Metal hip litigation and what impact this will have on manufacturers and their insurers.

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A spa day, on doctor's orders…

Published on 18 May 2018. By Emma Kislingbury, Associate

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We are increasingly focussed on living more sustainably with what we eat and the products that we use. Applying a similar mind-set to medicine, might we see a resurgence of traditional natural therapeutic treatments like spa treatments?

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Life After Death…

Published on 04 May 2018. By Natalie Drew, Senior Associate

How was a baby born four years after the death of his parents? And what does this mean for IVF providers in the UK?

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Home is where you hang your medical test

20 April 2018

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At-home medical tests can be useful diagnostic tools, but this carries risks for patients or insurers. Medical malpractice and product liability insurers need to plan for the future.

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Court of Appeal's history lesson for claimants bringing personal injury claims

Published on 20 April 2018. By Peter Rudd-Clarke, Legal Director

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Healthcare providers and manufacturers of medical products will welcome a judgment from the Court of Appeal that found against a claimant for failing to give notice of funding in time.

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The future of the NHS: Concerns and comparisons

29 March 2018

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New poll suggests greater concerns over cuts to NHS funding than terrorism threat.

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Using data to bring innovative products to the market … and keep them there

Published on 22 March 2018. By Peter Rudd-Clarke, Legal Director

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There are now more and more opportunities to collect and use health data to innovate, improve efficiency and improve care. The same data could prove very useful in responding to the threat of litigation too

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Bawa-Garba case exposes shortcomings in management of medical errors

Published on 14 March 2018. By Ella Shanks, Associate

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Urgent government review of medical malpractice underway following conviction of Dr Bawa-Garba and the management of medical mistakes.

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Could Cannabis be the Cure?

Published on 07 March 2018. By Natalie Drew, Senior Associate

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With the upsetting case of Alfie Dingley dominating news headlines, the UK Government is being asked to reconsider its approach to medicinal cannabis. But what would this mean for manufacturers, healthcare professionals, and, most importantly, potential patients?

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