header-logo header-logo

29 November 2013 / Kate Beattie
Issue: 7586 / Categories: Features , Health & safety , Regulatory
printer mail-detail

Mind the gap

web_beattie

When does a failure to prosecute health & safety violations breach human rights? Kate Beattie reports

Criminal prosecutions have not, hitherto, been used as a general regulatory tool for ensuring patient safety and standards of care within the NHS. But this may be set to change. Last month the Mid Staffordshire NHS Foundation Trust pleaded guilty to breaching health and safety legislation in the case of a diabetic patient, Gillian Astbury, who died after nurses failed to give her insulin. The case, brought by the Health and Safety Executive (HSE), alleged that the trust had failed to devise, implement or manage systems of communication for sharing patient information, including in relation to shift handovers and record-keeping. The trust is now awaiting sentence at the Crown Court where an unlimited fine may be imposed.

The HSE has insisted that its decision to bring the prosecution does not mark a shift in its regulatory role in the health service, and that it has previously prosecuted NHS providers, including trusts, in relation to similar incidents. But the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Burges Salmon—Benn Richards

Burges Salmon—Benn Richards

Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll