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Medical and life sciences

Perspective - Blog

Weighing up the risks: Remote GP consultations

Published on 02 February 2024. By Shireen Hussain, Paralegal

Telephone and online GP appointments risk harming patients, according to a study published by the British Medical Journal (BMJ) in November 2023. The study found that remote consultations have been linked to an increase in fatalities due to serious health conditions, that would likely have been picked up at face-to-face appointments.

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Perspective - Blog

Weight loss jabs – a litigation time bomb

Published on 15 January 2024. By Victoria Lawman, Trainee Solicitor

Weight loss jabs like Ozempic are giving rise to new health concerns. Litigation is emerging in the US with firms claiming that cases will be in the thousands.

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Perspective - Blog

Cutting the red tape: MHRA publish new guiding principles for AI-based medical devices

Published on 22 November 2023. By Victoria Lawman, Trainee Solicitor

Developers of AI-based medical devices will benefit from the MHRA's new guiding principles which aim to reduce onerous regulatory requirements.

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Perspective - Blog

Mental Health Act v Mental Capacity Act: How to avoid a deprivation of liberty claim

Published on 03 October 2023. By Genevieve Isherwood, Senior Associate and Emily Snow, Trainee Solicitor

A finding that the detention of a teenager ('JS') with complex mental health issues was unlawfully deprived of her liberty highlights the importance of understanding the interaction between the Mental Capacity Act 2005 (MCA) and Mental Health Act 1983 (MHA).

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Perspective - Blog

McCulloch and Others v Forth Valley Health Board [2023]: Bolam is back in the game for consent

Published on 18 August 2023. By James Davies, Senior Associate and Emily Snow, Trainee Solicitor

Bolam is well and truly back in the game for consent! The Supreme Court’s decision in McCulloch confirms that the Bolam test should be applied when considering whether alternative treatment options should be discussed with a patient.

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Perspective - Blog

General Damages Uplift: Beware

Published on 11 July 2023. By Genevieve Isherwood, Senior Associate

A recent decision in Coventry Combined County Court will have far -reaching impact on the valuation of all personal injury claims. The decision of Recorder Jack gives the green light for Claimants to seek higher general damages awards. In clinical negligence claims, where general damages can already be as high as £400,000, this will have significant implications for Defendants and their insurers.

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Perspective - Blog

NMC concerns over potentially fraudulent nurse registrations

Published on 28 June 2023. By Shireen Hussain, Paralegal

The Nursing and Midwifery Council (NMC) is contacting more than 500 professionals who trained abroad to determine whether they could have gained fraudulent or incorrect entry to the register after unusual and concerning data emerged from one its testing sites.

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Perspective - Blog

Met police withdraw: a radical restructuring of mental health provision

Published on 14 June 2023. By Genevieve Isherwood, Senior Associate

Metropolitan police officers to be banned from responding to mental health incidents from 31 August 2023.

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Perspective - Blog

QOCS rule changes now in force – has the imbalance been restored?

Published on 16 May 2023. By Georgie Jenkin, Associate

A review of the amendments to the QOCS regime and the impact on costs recovery for defendants and insurers.

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Perspective - Blog

The Pharmacist will see you now: Independent Prescribing

Published on 20 March 2023. By Alice Lacey, Associate and James Davies, Senior Associate

Pharmacist independent prescribing services will be trialled across England in 2023 – a possible game changer for our healthcare system and one to watch for insurers.

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Perspective - Blog

'A google map of the body' – how the metaverse is transforming the healthcare industry

Published on 27 February 2023. By Ellie McCarthy, Associate

Twins Bernardo and Arthur Lima were born conjoined at the head in Rio de Janeiro, Brazil. At almost four years old, they have undergone seven extensive surgeries in order to be separated. The operations involved almost 100 medical staff and were led by surgeon Dr Noor ul Owase Jeelani in at Great Ormond Street Hospital in London and Dr Gabriel Mufarrej in Brazil.

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Perspective - Blog

Weighty issues for diet app developers

Published on 04 January 2022. By Dorothy Flower, Partner

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2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

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Perspective - Blog

New guidance on Machine Learning – plenty for humans to learn too

Published on 04 November 2021.

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A triumvirate of healthcare regulators has published ten guiding principles (the Principles) concerning the development of Good Machine Learning Practice (GMLP). The Principles shed light on the risks posed by artificial intelligence (AI) products that depend on machine learning. Humans should take note.

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Perspective - Blog

Ho v Adelekun [2021]: Supreme Court decision on QOCS spells bad news for defendants and insurers

Published on 18 October 2021. By James Davies, Senior Associate

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META DESCRIPTION Think Search Engine Optimisation (SEO). Summarise your blog in 160 characters. Search engines such as Google, Yahoo, and Bing use the meta description as the search results description for that page. A review of the Supreme Court decision of Ho v Adelekun and the impact on QOCS and costs recovery for defendants and insurers.

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Perspective - Blog

Blood Tube Shortage: Testing Times

Published on 03 September 2021. By Genevieve Isherwood, Senior Associate

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Test tube shortage leading to delays in blood tests; protection for GPs from liability.

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Perspective - Blog

The latest addition to Kwasi Kwarteng's reading list

Published on 24 August 2021.

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The Regulatory Horizons Council report sets out recommendations for medical devices regulations reform in the UK

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Perspective - Blog

The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 July 2021.

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The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

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Perspective - Blog

Life sciences and the Brexit trade agreement of Christmas Eve 2020

Published on 26 March 2021.

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As the nation prepared for muted Christmas celebrations at the end of last year, those in industry were able to feast on the Trade and Cooperation Agreement settled between the EU and UK on 24 December 2020 (the TCA). The TCA concluded months of uncertainty for the life sciences sector. Companies had been waiting to see how far the UK government would go in agreeing to follow EU standards concerning medicines and medical devices. By the time the EU and UK finally agreed the TCA, questions over life sciences regulations had rocketed up the agenda against a backdrop of vaccines and treatments developed to combat Covid-19.

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Perspective - Blog

Covid-19 vaccines: an injection of politics

Published on 07 January 2021.

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A legacy of the pandemic will be greater debate, amongst politicians and the public, about how life sciences products are brought to the market.

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Perspective - Blog

The Nocebo Effect: study into statins signals a timely warning

Published on 17 November 2020. By Dorothy Flower, Partner

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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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Perspective - Blog

Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 October 2020.

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

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Perspective - Blog

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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Perspective - Blog

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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Perspective - Blog

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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Perspective - Blog

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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Perspective - Blog

COVID-19: the battle between fact and fiction

Published on 01 April 2020. By Emma Kislingbury, Senior 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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Perspective - Blog

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

Published on 27 March 2020. By Sian Morgan, Partner

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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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Perspective - Blog

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

Published on 25 March 2020. By Dorothy Flower, Partner

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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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Perspective - Blog

Patch Test: Is your GP watching Love Island?

Published on 04 February 2020. By Genevieve Isherwood, Senior 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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Perspective - Blog

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

Published on 11 December 2019.

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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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Perspective - 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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Perspective - Blog

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

Published on 15 November 2019. By Emma Kislingbury, Senior 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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Perspective - 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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Perspective - Blog

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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Perspective - 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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Perspective - Blog

MPs Vote to Lift Abortion Ban in Northern Ireland

Published on 15 July 2019. By Genevieve Isherwood, Senior 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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Perspective - Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019.

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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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Perspective - Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Senior 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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Perspective - Blog

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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Perspective - Blog

Vaginal mesh: the evidence

Published on 10 April 2019.

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

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Perspective - Blog

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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Perspective - Blog

Organ Donation: The New Law

Published on 28 February 2019. By Emma Kislingbury, Senior 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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Perspective - Blog

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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Perspective - Blog

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

Published on 19 February 2019. By Emma Kislingbury, Senior 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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Perspective - Blog

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

Published on 08 February 2019.

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

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Perspective - Blog

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

Published on 23 January 2019. By Genevieve Isherwood, Senior 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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Perspective - Video

Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Senior Associate

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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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Perspective - Video

Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Senior Associate

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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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Perspective - Video

The future of the medical products sector

Published on 28 November 2018. By Emma Kislingbury, Senior 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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