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Affifa Farrukh & John F Mayberry examine whether clinicians & expert witnesses are always as qualified as they appear

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
Patients are being kept in the dark about their right to independent complaints, reports Charles Davey
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held

John Mayberry & Affifa Farrukh on the sweeping statutory powers of the Health Services Safety Investigation Body

The NHS’s safety watchdog may itself need watching. Writing in NLJ this week, John F Mayberry, criminal barrister at 2DRJ, and Affifa Farrukh, consultant physician, examine the sweeping powers granted to the Health Services Safety Investigation Body under the Health and Care Act 2022
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
The Public Accounts Committee (PAC) has urged the government to move towards a less adversarial system of clinical negligence, after the total cost to the NHS quadrupled within 20 years to an eye-watering £60bn
The NHS may be paying twice in clinical negligence claims as damages are calculated based on private healthcare packages but patients may go on to use the NHS for treatment, according to a National Audit Office (NAO) report last week
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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