Photograph of a gavel in front of a British flag

A New Litigation Crisis on the Horizon: Negligent Delays for Non-COVID-19 Patients

By John Tingle

As the dust begins to settle around the COVID-19 pandemic, a clearer picture is beginning to emerge of possible litigation trends against the United Kingdom’s NHS (National Health Service) for actions taken during the crisis.

Many NHS services have been reduced or suspended during the crisis. Negligent delays in treatment are a common cause of action in clinical negligence and medical malpractice cases. Legal claims could be made by patients who argue that they have suffered, and continue to suffer, because of lack of access to care and treatment due to COVID-19 NHS emergency restrictions. These claims raise tort, public law and human rights concerns, and some law firms have already been approached by patients asking for advice in this area.

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Alicia Ely Yamin.

6 Questions for Alicia Ely Yamin on Partners In Health, Social Justice, and Human Rights

By Jonathan Chernoguz

Among many other accomplishments, Alicia Ely Yamin (Petrie-Flom Center Senior Fellow), will now serve as the Senior Advisor on Human Rights at Partners In Health (PIH).

Partners In Health is a global health and social justice organization committed to improving the health of the poor and marginalized as a matter of justice. PIH works with ministries of health to build local and national clinical capacity and works closely with impoverished communities to delivery high quality healthcare, address the root causes of disease, train providers, advance research, and advocate for global health policy change.

Yamin is a world-recognized pioneer and thought-leader in the field of health and human rights. She has a long track record of working on the ground as well as at policy levels, including in collaboration with PIH sister organizations from Peru to Malawi. Yamin will work across a multi-disciplinary team within PIH and the broader Global Health Delivery Partnership, to advance an advocacy and policy agenda for transformative structural change in global health architecture and its intersections. To learn more about her new role, we asked Yamin a few questions about the position, how it relates to Petrie-Flom, and the goals she aims to accomplish.

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Busy Nurse's Station In Modern Hospital

COVID-19 Clinical Negligence and Patient Safety Update

By John Tingle

Health care law is evolving particularly rapidly during the COVID-19 pandemic.

For example, as the COVID-19 pandemic continues, families in England who have lost loved ones to the virus are considering filing clinical negligence claims. And there have even been calls in some quarters to bring global lawsuits against China for breaches of international health regulations over its handling of COVID 19.

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NHS building

Obtaining a Hospital Bed in the COVID-19 Pandemic: A Legal Perspective

By John Tingle

The recently reported case of University College London Hospitals NHS Foundation Trust v MB [2020] EWHC 882 captures well the value of English common case law in resolving complex health care disputes within the context of the COVID-19 pandemic and more generally.

Mr Justice Chamberlain in the Queen’s Bench Division of the High Court of Justice ruled recently that a patient, known as MB, who had occupied an NHS bed for over a year, must vacate it and instead receive care in the community. Her room could be required urgently by COVID-19 patients and there would be an increased risk of MB contracting COVID-19 if she remained in hospital.

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woman with iv in her hand in hospital. Labor and delivery preparation. Intravenious therapy infusion. shallow depth of field. selective focus

Maternity Care Choices in the U.K. During the COVID-19 Pandemic

By John Tingle

One of many legal, ethical, and patient safety issues raised by the COVID-19 pandemic across the National Health Service (NHS) is that expectant mothers are considering freebirthing more after home births are cancelled.

The charity AIMS (Association for Improvements in the Maternity Services) states that while there is no specific definition of freebirthing, “…broadly speaking, a woman freebirths when she intentionally gives birth to her baby without a midwife or doctor present. Some women prefer to use the term ‘unassisted childbirth’ or UC to describe this.”

In The Guardian Hannah Summers recently wrote about this issue, which can carry major health risks. For example, if complications occur during a freebirth, professional clinical help will not be at hand to help.

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Photograph of a doctor in blue scrubs overlaid with an illustration of a padlock

Anonymity in the Time of a Pandemic: Privacy vs. Transparency

By Cansu Canca

As coronavirus cases increase worldwide, institutions keep their communities informed with frequent updates—but only up to a point. They share minimal information such as number of cases, but omit the names of individuals and identifying information.

Many institutions are legally obligated to protect individual privacy, but is this prohibition of transparency ethically justified?

Some even go a step further and ask you, an individual in a community, to choose privacy over transparency as well. Harvard—alongside with  Yale, Chicago, and Northwestern—requests you to “Please Respect Individuals’ Privacy. Anonymity for these individuals remains paramount. Please respect their privacy—even if you believe you know who they are—so they can focus completely on their health” (emphasis in original).

But do you have an ethical obligation to do so at the time of a pandemic?

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an ambulance parked at the entrance of an emergency department

Patient Safety and Health Quality in the NHS (National Health Service) in England: A Zip Code Lottery?

By John Tingle

The independent regulator of health and social care in England, the Care Quality Commission (CQC) regularly produces detailed inspection reports on the health and care organisations that it regulates. These reports show that quality of care and patient safety are not consistent across England’s health and care facilities. Wide variations in quality and safety between core services in the same NHS hospital or in the same locality as well as regionally are sometimes revealed. It is clear from reading the reports that patient safety and health quality cannot be a measured as a constant across England.

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The Ostrich Syndrome and Patient Safety

By John Tingle

Sadly, the NHS (National Health Service) in England is littered with examples of cases where individuals and organisations have seemingly buried their heads in the sand when patient safety errors have occurred. Attitudes that can be seen in past reports range from,’ it’s not my responsibility’, to procrastination, or passing the buck, assuming that another organisation is dealing with the matter or just simply delaying a response or even ignoring the situation completely.

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Photograph of a report on a table, the report is labeled, "NHS"

The NHS In England: Patient Safety News Roundup

By John Tingle

There is always a lot happening with patient safety in the NHS (National Health Service) in England. Sadly, all too often patient safety crises events occur. The NHS is also no sloth when it comes to the production of patient safety policies, reports, and publications. These generally provide excellent information and are very well researched and produced. Unfortunately, some of these can be seen to falter at the NHS local hospital implementation stage and some reports get parked or forgotten. This is evident from the failure of the NHS to develop an ingrained patient safety culture over the years. Some patient safety progress has been made, but not enough when the history of NHS policy making in the area is analysed.

Lessons going unlearnt from previous patient safety event crises is also an acute problem. Patient safety events seem to repeat themselves with the same attendant issues

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