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18 September 2009
Categories: Opinion , Risk management , Personal injury , Community care
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Back with a vengeance?

Although swine flu has temporarily abated, the current medical wisdom is that it will re-emerge with a vengeance in the autumn of this year. If it does or in the event of an alternative pandemic outbreak, there is a possibility that demand for critical care services will swamp capacity.

At this point, inception of a triage system is likely to be required, as suggested in the Department of Health’s own pandemic flu guidance.

Triage will operate both to determine who should be admitted to critical care facilities and who should remain in those facilities. This poses stark ethical problems, already the subject of discussion by the Committee on the Ethical Aspects of Pandemic Influenza (CEAPI), set up by the Department of Health.

Allocating resources

The English courts have long recognised that health bodies are required to make difficult decisions about the allocation of scarce resources: see, for instance, R v Cambridge Health Authority ex parte B [1995] 2 All ER 129, [1995] 1 WLR 898.

However, as far as we are aware, they have

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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