Medical and Life Sciences

Blog

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 and Nick McMahon, Head of Health and Safety

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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?

Published on 18 June 2018. By Daisy Fulton, Trainee Solicitor

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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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Blog

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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Blog

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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Blog

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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Blog

Home is where you hang your medical test

Published on 20 April 2018. By Daisy Fulton, Trainee Solicitor

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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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Blog

The future of the NHS: Concerns and comparisons

Published on 29 March 2018. By Hannah Land, Associate

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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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Blog

Bawa-Garba case exposes shortcomings in management of medical errors

Published on 14 March 2018. By Ella Shanks, Trainee Solicitor

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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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An aspirin a day…

Published on 02 March 2018. By Genevieve Isherwood, Associate

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Discusses research that suggests aspirin can reduce risk of colon cancer in patients with Lynch Syndrome

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Fixed Recoverable Costs: When lawyers come 'cap' in hand

Published on 21 February 2018. By Ella Shanks, Trainee Solicitor

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Working group developing a cap on recoverable costs for lawyers in clinical negligence claims

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A game changer for concussion injuries? New study investigating CTE creates a potential headache for defendants and their insurers

Published on 16 February 2018. By James Davies, Senior Associate

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A new study shows that repeated hits to the head, not concussions, cause chronic traumatic encephalopathy (CTE), the neurodegenerative disease experienced by American football players, boxers and other athletes.

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Blog

Brexit chess game to be played out at Chequers

Published on 15 February 2018. By Peter Rudd-Clarke, Legal Director

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The Life Sciences industry demands certainty over the Government's approach to regulation after Brexit. It is hoped that Government meetings this month will achieve that.

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Mr Justice Langstaff to chair contaminated blood inquiry

Published on 13 February 2018. By Emma Kislingbury, Associate

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Mr Justice Langstaff will lead the public inquiry into how contaminated blood transfusions infected thousands of people with HIV and hepatitis C in the 1970s and 80s

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Monkey See, Monkey Do

Published on 06 February 2018. By Genevieve Isherwood, Associate

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Implications for humans and animals of the recent successful cloning of monkeys by Chinese researchers

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Duty calls: What information should be provided to patients following treatment?

Published on 31 January 2018. By Florence Page, Associate

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Summary of the High Court's recent decision in a case concerning the duty to inform a patient of treatment outcomes and the requirement for follow-up, further treatment, or monitoring.

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Organ donation: have your say

Published on 26 January 2018. By Emma Kislingbury, Associate

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Organ donation is, for some, a difficult topic of conversation, but a Government consultation is encouraging us to think about it and share our views.

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New Year, New You? How about joining the virtual reality gym…

Published on 19 January 2018. By Natalie Drew, Senior Associate

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Looking to beat the January gym rush? Well, look no further than American based firm Black Box VR who have combined gaming and gyming to create a virtual reality workout using just a resistance machine and headset.

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Blog

Abortion clinics will be rated by CQC

Published on 03 January 2018. By Ella Shanks, Trainee Solicitor

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The Department of Health announces broader powers for the Care Quality Commission to rate independent healthcare providers.

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3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

Published on 19 December 2017. By Florence Page, Associate

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3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

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Roll up your sleeve – CJEU injects some influence in to vaccination case

Published on 19 December 2017. By Florence Page, Associate

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Summary of Court of Justice of the European Union (CJEU) decision in vaccination case

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Making made to measure medicine: tailored to suit

Published on 18 December 2017. By Florence Page, Associate

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Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.

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Independent inquiry launched into malpractice of Ian Paterson

Published on 07 December 2017. By Ella Shanks, Trainee Solicitor

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The Department of Health has announced the launch of an independent inquiry into the circumstances and practices surrounding the activity of convicted breast surgeon Ian Paterson.

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Blog

Engagement news

Published on 29 November 2017. By Peter Rudd-Clarke, Legal Director

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Manufacturers and insurers may have missed Prince Harry's news on Monday in the general excitement surrounding the Government's Industrial Strategy, announced on the same day.

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Bereavement Damages incompatible with European Convention on Human Rights

Published on 29 November 2017. By Genevieve Isherwood, Associate and Leah Wood, Trainee Solicitor

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Consideration of the Court of Appeal decision in Smith v Lancashire Teaching Hospitals NHS Foundation and others that restriction on awards for bereavement damages under the Fatal Accidents Act 1976 are incompatible with the European Convention on Human Rights.

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Mobile health app developers take note – the importance of patient safety

Published on 24 November 2017. By Ella Shanks, Trainee Solicitor

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'Natural Cycles' and 'GP at Hand' are examples of apps revolutionising healthcare. Developers must take all appropriate steps to mitigate the risk of harm to patient safety.

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What next for the Discount Rate?

Published on 23 November 2017. By Leah Wood, Trainee Solicitor

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A discussion of the proposed date of implementation for the new discount rate / Ogden rate following a government consultation in 2017. The discount rate was reduced by the Lord Chancellor from 2.5% to minus 0.75% in February, but is expected to increase to between 0% and 1% following lobbying from the insurance industry and other bodies including the NHS.

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Cabinet office to oversee contaminated blood inquiry

Published on 03 November 2017. By Emma Kislingbury, Associate

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Statutory public inquiry announced into how contaminated blood transfusions infected thousands with HIV and hepatitis C in the 1970s and 80s.

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A Shift in Vicarious Liability (Armes v Nottinghamshire County Council)

Published on 01 November 2017. By Kristiana Reynolds, Associate

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Armes v Nottinghamshire County Council [2017] UKSC 60. A review of recent case law extending Vicarious Liability and the impact this will have on organisations and their insurers.

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Publication

Government to cover negligence claims against GPs

Published on 17 October 2017. By Dorothy Flower, Partner and Kristiana Reynolds, Associate

Government to cover negligence claims against GPs

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Medical device concerns and MHRA compliance

Published on 16 October 2017. By Hannah Land, Associate

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Increase in medical devices regulatory alerts and how to respond to concerns

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China's Clinical Trials

Published on 10 October 2017. By Kristiana Reynolds, Associate

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China - an emerging market for clinical trials

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Landmark ruling on end of life care

Published on 21 September 2017. By Hannah Land, Associate

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Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement

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The costs of surrogacy: a valid and separate head of claim

Published on 20 September 2017. By Emma Kislingbury, Associate

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A claimant has been awarded £74,000 for the costs of a surrogacy arrangement, following a hospital's delay in diagnosing cervical cancer.

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Blog

Welcoming new red tape

Published on 01 September 2017. By Peter Rudd-Clarke, Legal Director

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The Medical Devices Regulation 2017 is good news for insurers in the life sciences sector. More data on safety and performance will be collected on products before they get to the market

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"Please sir, may I have some more [damages for failure to consent]?" No, says the Court of Appeal.

Published on 19 July 2017. By James Davies, Senior Associate

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Shaw v Kovac: Court of Appeal rejects claim for an additional, separate award of damages for failure to obtain informed consent.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

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The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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