Your host Marcus Ineson is joined by two lawyers from International Law Firm Hill Dickinson to discuss what can happen legally when a never event occurs that causes serious injury and in some cases death.
Hill Dickinson is an international firm of market-leading legal experts specialising in all aspects of commercial law, from non-contentious advisory and transactional work, through to all forms of commercial litigation and arbitration. With offices in the UK, mainland Europe, and Asia, they provide services across three broad business groups; Business service groups, Marine Trade & Energy, and Health.
We are proud to welcome lawyers Monia Sood and Elizabeth Wallace who are both part of the health team at Hill Dickinson.
Monia is a legal director in the health litigation team in Manchester, specialising in clinical negligence claims instructed on behalf of the NHS Resolution. She is instructed by the NHS Resolution to act on behalf of NHS trusts dealing primarily with clinical negligence cases.
In addition, she regularly lectures to clients on a mix of healthcare topics including Duty of Candour, complaints, preparing witness statements, record keeping and preparing for trial. Monia also leads on arranging the firm’s NHS Resolution claims and patient safety forums inviting experts and representatives from the NHS Resolution to discuss topical issues and facilitates the North West Litigation Group meetings. Monia was also involved in the reported case of Ellison -v-University Hospitals of Morecambe Bay NHS Foundation Trust (2015) EWCH 366 (QB) where liability was admitted but the court clarified the law on various areas of quantum.
Elizabeth is a senior associate in the healthcare team in Manchester. She specialises in inquests and also has experience in all aspects of healthcare law, including advice on complaints to NHS trusts and Court of Protection.
Elizabeth has been instructed by various NHS trusts throughout the North West to provide advice and support prior to an inquest taking place and also legal representation and advocacy at the inquest hearing itself. Elizabeth has also advised NHS trusts on patient complaint handling and lesson learning following serious patient safety incidents.
02:07 Can you talk us through how a case develops following a Never Event?
08:48 What happens in court?
09:53 At the end of an inquest, what are the possible outcomes in a clinical case or a Never Event case?
15:25 when the inquest is over and a claim for compensation is made, how does it proceed and would a Never Event being involved affect that process?
16: 40 If the claim goes to court, is that a more adversarial environment than it is supposed to be in the Coroner court?
18:03 Can the inquest and claim process happen at the same time?
20:23 Is there a difference in how you, or a court, treat a Never Event case?
23:13 There is a requirement in the last patient safety alert to have a named director responsible for concerning all guidance involving NGT Never Events are implemented, are there any additional implications for a Trust or individual if an NGT Never Event does occur?
25:53 Marcus discusses the HSIB Interim report. How can something like this affect a court’s view of an NGT Never Event In the future?
27:30 Suppose there was a new method of improving patient safety Is available but not adopted, could that be taken into consideration for a case?
Hill Dickinson LLP & Hill Dickinson Health team
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HSIB Interim Bulletin on Nasogastric Tube Patient Safety Alerts
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