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Perspective - Blog

FCA set to expand climate-related reporting rules

Published on 17 May 2021. By James Parsons, Associate and Ash Daniells, Senior Associate

The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).

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Perspective - Blog

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner and Jessica Pease, Associate

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

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Perspective - Blog

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner and Head of Professional and Financial Risks and Tom Morris, Associate and Tamsin Hyland, Partner

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

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Perspective - Blog

Need a psychiatrist? There's an app for that!

Published on 18 Jun 2024. By Emma Kislingbury, Senior Associate

The Medicines and Healthcare products Regulatory Agency (MHRA) and the National Institute for Health and Care Excellence (NICE) have commissioned research to explore the public perception of Digital Mental Health Technology (DMHT).

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Perspective - Blog

The UK and EU propose bans on 'forever chemicals' (PFAs) – Great for the environment but what about the medical industry?

Published on 14 Mar 2024. By Victoria Lawman, Trainee Solicitor

'Forever chemicals', which are used in countless industries worldwide, have been linked to a range of health issues.

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Perspective - Blog

The results are in: Physician and Anaesthetic Associates pose "a significant risk to patient safety" according to latest BMA opinion poll

Published on 12 Mar 2024. By Alice Lacey, Associate

A BMA survey completed by over 18,000 UK doctors has flagged significant concerns regarding the way Physician Associates (PAs) and Anaesthetic Associates (AAs) work within the NHS. The news comes as the Government implements plans to roll out a rapid medical associate recruitment plan and regulate associates through the General Medical Council (GMC), the doctors' regulator. In this blog we look at the reasons behind the backlash and how this may impact our healthcare and insurer clients.

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Perspective - Blog

Weighing up the risks: Remote GP consultations

Published on 02 Feb 2024. By Shireen Hussain, Paralegal

Telephone and online GP appointments risk harming patients, according to a study published by the British Medical Journal (BMJ) in November 2023. The study found that remote consultations have been linked to an increase in fatalities due to serious health conditions, that would likely have been picked up at face-to-face appointments.

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Perspective - Blog

Weight loss jabs – a litigation time bomb

Published on 15 Jan 2024. By Victoria Lawman, Trainee Solicitor

Weight loss jabs like Ozempic are giving rise to new health concerns. Litigation is emerging in the US with firms claiming that cases will be in the thousands.

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Perspective - Blog

Cutting the red tape: MHRA publish new guiding principles for AI-based medical devices

Published on 22 Nov 2023. By Victoria Lawman, Trainee Solicitor

Developers of AI-based medical devices will benefit from the MHRA's new guiding principles which aim to reduce onerous regulatory requirements.

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Perspective - Blog

Mental Health Act v Mental Capacity Act: How to avoid a deprivation of liberty claim

Published on 03 Oct 2023. By Genevieve Isherwood, Senior Associate and Emily Snow, Trainee Solicitor

A finding that the detention of a teenager ('JS') with complex mental health issues was unlawfully deprived of her liberty highlights the importance of understanding the interaction between the Mental Capacity Act 2005 (MCA) and Mental Health Act 1983 (MHA).

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Perspective - Blog

McCulloch and Others v Forth Valley Health Board [2023]: Bolam is back in the game for consent

Published on 18 Aug 2023. By James Davies, Senior Associate and Emily Snow, Trainee Solicitor

Bolam is well and truly back in the game for consent! The Supreme Court’s decision in McCulloch confirms that the Bolam test should be applied when considering whether alternative treatment options should be discussed with a patient.

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Perspective - Blog

General Damages Uplift: Beware

Published on 11 Jul 2023. By Genevieve Isherwood, Senior Associate

A recent decision in Coventry Combined County Court will have far -reaching impact on the valuation of all personal injury claims. The decision of Recorder Jack gives the green light for Claimants to seek higher general damages awards. In clinical negligence claims, where general damages can already be as high as £400,000, this will have significant implications for Defendants and their insurers.

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Perspective - Blog

NMC concerns over potentially fraudulent nurse registrations

Published on 28 Jun 2023. By Shireen Hussain, Paralegal

The Nursing and Midwifery Council (NMC) is contacting more than 500 professionals who trained abroad to determine whether they could have gained fraudulent or incorrect entry to the register after unusual and concerning data emerged from one its testing sites.

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Perspective - Blog

Met police withdraw: a radical restructuring of mental health provision

Published on 14 Jun 2023. By Genevieve Isherwood, Senior Associate

Metropolitan police officers to be banned from responding to mental health incidents from 31 August 2023.

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Perspective - Blog

QOCS rule changes now in force – has the imbalance been restored?

Published on 16 May 2023. By Georgie Jenkin, Associate

A review of the amendments to the QOCS regime and the impact on costs recovery for defendants and insurers.

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Perspective - Blog

The Pharmacist will see you now: Independent Prescribing

Published on 20 Mar 2023. By Alice Lacey, Associate and James Davies, Senior Associate

Pharmacist independent prescribing services will be trialled across England in 2023 – a possible game changer for our healthcare system and one to watch for insurers.

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Perspective - Blog

'A google map of the body' – how the metaverse is transforming the healthcare industry

Published on 27 Feb 2023. By Ellie McCarthy, Associate

Twins Bernardo and Arthur Lima were born conjoined at the head in Rio de Janeiro, Brazil. At almost four years old, they have undergone seven extensive surgeries in order to be separated. The operations involved almost 100 medical staff and were led by surgeon Dr Noor ul Owase Jeelani in at Great Ormond Street Hospital in London and Dr Gabriel Mufarrej in Brazil.

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Perspective - Blog

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

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Perspective - Blog

New guidance on Machine Learning – plenty for humans to learn too

Published on 04 Nov 2021.

A triumvirate of healthcare regulators has published ten guiding principles (the Principles) concerning the development of Good Machine Learning Practice (GMLP). The Principles shed light on the risks posed by artificial intelligence (AI) products that depend on machine learning. Humans should take note.

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Perspective - Blog

Blood Tube Shortage: Testing Times

Published on 03 Sep 2021. By Genevieve Isherwood, Senior Associate

Test tube shortage leading to delays in blood tests; protection for GPs from liability.

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Perspective - Blog

The latest addition to Kwasi Kwarteng's reading list

Published on 24 Aug 2021.

The Regulatory Horizons Council report sets out recommendations for medical devices regulations reform in the UK

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Perspective - Blog

The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 Jul 2021.

The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

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Perspective - Blog

Covid-19 vaccines: an injection of politics

Published on 07 Jan 2021.

A legacy of the pandemic will be greater debate, amongst politicians and the public, about how life sciences products are brought to the market.

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Perspective - Blog

The Nocebo Effect: study into statins signals a timely warning

Published on 17 Nov 2020. By Dorothy Flower, Partner

New study into statins highlights issue of the Nocebo Effect with implications for manufacturers, insurers and society

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Perspective - Blog

Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 Oct 2020.

NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks

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Perspective - Blog

Parents contest NICE Cannabis Guidelines at Court

Published on 16 Sep 2020.

A family is seeking judicial review of NICE guidelines in the hope that doctors are more likely to prescribe cannabis-based medicines. The outcome could have significant consequences for the healthcare sector.

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Perspective - Blog

Back to the Future: a look ahead at medical malpractice issues for COVID-19-related claims

Published on 15 Apr 2020. By James Davies, Senior Associate

Future issues for Insurers to consider in assessing COVID-19 medical malpractice / clinical negligence claims.

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Perspective - Blog

Patch Test: Is your GP watching Love Island?

Published on 04 Feb 2020. By Genevieve Isherwood, Senior Associate

The reality TV phenomenon Love Island returned to viewer's screens on 20 January 2020, opening to an audience of 4.8 million. One contestant's open display of contraceptive choice has caught the attention of viewers and, hopefully, some GPs.

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Perspective - Blog

A judgment that will "benefit" manufacturers facing the "risks" of products litigation

Published on 15 Nov 2019. By Emma Kislingbury, Senior Associate

In the Seroxat group litigation, the Court has endorsed using a risk/benefit approach in claims under the CPA and upheld the trial judge's ruling regarding the limited scope of the Claimants' case

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Perspective - Blog

Medicinal Cannabis – approved for NHS use

Published on 11 Nov 2019.

Two cannabis based medicines have now been approved for use by the NHS in England following new guidelines from NICE.

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Perspective - Blog

"Alexa, my symptoms are…"

Published on 17 Jul 2019.

Amazon has announced that Alexa will now provide its users medical advice directly from the NHS website. This blog looks at the potential impacts of this change.

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Perspective - Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 Jul 2019.

When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Perspective - Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 Jun 2019. By Genevieve Isherwood, Senior Associate

Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Perspective - Blog

Royal College of Surgeons call for Robust Reporting in the Private Healthcare Sector

Published on 10 Apr 2019.

The Royal College of Surgeons (the “RCS”) has today called for independent healthcare providers to “improve standards in the independent sector and prevent the circumstances that enabled Paterson to continue practising from happening again.”

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Perspective - Blog

Vaginal mesh: the evidence

Published on 10 Apr 2019.

NICE guidelines inform debate over the evidence for the risks and benefits of mesh products

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Perspective - Blog

A Right Royal Deadlock: Can "Crown" use unlock patented drug?

Published on 12 Mar 2019.

Can the Government settle the dispute between NHS and Vertex Pharmaceuticals through "Crown" use of the patented drug, Orkambi.

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Perspective - Blog

Organ Donation: The New Law

Published on 28 Feb 2019. By Emma Kislingbury, Senior Associate

An "opt-out" system for organ donation is expected to come into effect in England next year after passing the final parliamentary vote this week

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Perspective - Blog

Medicinal Cannabis – How far have we really come?

Published on 25 Feb 2019.

Cannabis, for medicinal purposes, was legalised nearly four months ago in the UK, but how many patients are actually reaping the benefits, and how far have we really come?

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Perspective - Blog

"Move fast and break things" (just not patients)

Published on 08 Feb 2019.

The AoMRC's report on Artificial Intelligence in Healthcare presents dilemmas for clinicians, hospital and industry

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Perspective - Blog

Could the NHS Long Term Plan mean less opportunity for NHS contracts?

Published on 23 Jan 2019. By Genevieve Isherwood, Senior Associate

The NHS's Long Term Plan includes a provision to repeal elements of the Health and Social Care Act 2012; in this blog we consider the potential impact on private providers and their opportunity to tender for NHS contracts.

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Perspective - Blog

Hairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records

Published on 14 Jan 2019.

After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?

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Perspective - Video

Projecting into the future of the medical products sector

Published on 13 Dec 2018. By Emma Kislingbury, Senior Associate

In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Perspective - Video

Artificial intelligence and diagnostics in the medical sector

Published on 06 Dec 2018. By Emma Kislingbury, Senior Associate

Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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Perspective - Video

The future of the medical products sector

Published on 28 Nov 2018. By Emma Kislingbury, Senior Associate

In the first of our vlog series we focus on the future of the medical products sector, specifically where the sector is heading and what risks and opportunities might lie ahead.

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Perspective - Blog

Jackie Doyle-Price appointed Minister for the Prevention of Suicides

Published on 05 Nov 2018. By Genevieve Isherwood, Senior Associate

What is the role of the Minister for the Prevention of Suicides, and how will her appointment impact Insurers?

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Perspective - Blog

Stephen Hawking's big questions for Life Sciences

Published on 19 Oct 2018.

Stephen Hawking's posthumously published "Brief Answers to the Big Questions" is a fascinating foretelling of legal challenges that the life sciences sector may face.

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Perspective - Blog

Dr Bawa-Garba wins appeal against strike off

Published on 17 Aug 2018. By Genevieve Isherwood, Senior Associate

On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.

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Perspective - Blog

Online Prescriptions or Real Life Addictions?

Published on 02 Aug 2018.

With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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Perspective - Blog

US talc litigation has important lessons for UK insurers

Published on 02 Aug 2018.

Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Perspective - Blog

Medicinal Cannabis: the debate continues

Published on 13 Jul 2018. By Emma Kislingbury, Senior Associate

With the debate over medicinal cannabis still going strong, we update you on recent developments which have dominated the headlines.

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