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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Map from Global COVID-19 Symposium.

Global Responses to COVID-19: An Inflection Point for Democracy, Rights, and Law

By Alicia Ely Yamin

Although some of the common challenges identified across our global survey of legal responses to COVID-19 have their roots in long-established realities, the economic and social inflection point created by COVID-19 provides an opportunity, as well as an imperative, to consider how these responses will shape social norms and structure democratic institutions in the post-pandemic world.

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Budapest, Hungary.

Hungary’s Response to COVID-19 Vastly Expands Executive Power

By Csaba Győry

Hungary was one of the first countries in Europe to introduce restrictions in order to flatten the curve of COVID-19 infections.

Policy wise, the restrictions overall were similar to those of other European countries. The legal basis for these restrictions, however, has proven very controversial because of the extremely broad sway it provides the executive, and has received a great deal of attention from EU institutions, scholars, and the press.

This is the conundrum of the Hungarian response to COVID-19: an almost unlimited authorization for the executive to rule by decree, which, at the same time, was used relatively sparingly and in a broadly similar manner as in other EU countries.

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Lagos, Nigeria.

The Law and Human Rights in Nigeria’s Response to the COVID-19 Pandemic

By Cheluchi Onyemelukwe

To limit the spread of the novel coronavirus, the Nigerian government took restrictive containment measures, with the effect of curtailing fundamental rights. These included lockdowns of various states and a cessation of social and economic activity, except those activities relating to essential services. While these measures followed existing public health advisories, they have raised significant legal, constitutional, human rights, and legitimacy issues.

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Dublin, Ireland.

COVID-19 Lays Bare Ireland’s Selective Approach to Care

By Ruth Fletcher

Between enabling and suffocating legal measures

Tensions between welfarisms that enable and those that suffocate are evident in Ireland’s move to restrict the spread of the COVID-19 pandemic, and in the reaction to it.

Two pieces of emergency legislation passed through Oireachtas Eireann (the Irish Parliament) by March 26th. The Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and the Emergency Measures in the Public Interest Act 2020 address a range of social, civil and economic issues.  Read More

Machu Picchu, Peru.

Peru and COVID-19: Quick Response Hampered by Structural Failures

By Eduardo Dargent and Camila Gianella

Peru was among the first Latin American countries to implement legal measures that restrict civil rights in order to stem the spread of COVID-19.

On March 15, with 28 confirmed cases and no deaths, the government issued the Supreme Decree N° 044-2020-PCM declaring a state of emergency for 15 days. Measures in the decree included closing the borders, ordering a general lockdown, forbidding domestic travel, and closing schools, universities, churches, and all non-essential businesses, among others.

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