News
15.12.11 NHS WHISTLEBLOWER GROUP LAUNCHED
A new group has been formed to lobby for better support and protection of "whistleblowers" in the NHS (staff who raise concerns about patient safety. Patients First is headed by paediatrician, Dr Kim Holt, a whistleblower known for exposing problems leading up to the Baby P scandal. AvMA has been helping set up the group and will continue to work in partnership with it. Both are campaigining for more openness in the NHS - listening to whistleblowers and being open with patients.
28.10.11 GOVERNMENT'S WATERED DOWN "DUTY OF CANDOUR" IS A 'COP OUT'
The Department of Health has this month launched a consultation on what it calls a 'Duty of Candour' with patients when things go wrong. However, no-one should be under any illusion that this is the statutory Duty of Candour or 'Robbie's Law' which AvMA and many others have been calling for. What is proposed is merely a "contractual" duty - a standard clause in NHS contracts with hospitals. To comply, hospitals would have to issue an annual statement to the effect they are complying. The 'duty' would not even apply to GPs! The DoH has said it is not prepared to listen to the evidence and arguments supporting the need for a duty of candour as a core standard in the CQC registration regulations - even though the Health Select Committee recommended this in June. However, all is not lost. Politicians of all persuasions are mustering around an amendment to the Health and Social Care Bill currently in the Lords which would create such a statutory, enforceable duty. It follows briefing from AvMA, National Voices and National Association of LINks Members.
The Department of Health consultation can be found here. For a copy of AvMA's briefing on this click here.
22.09.11 GOVERNMENT FACES LEGAL CHALLENGE OVER LEGAL AID FOR CLINICAL NEGLIGENCE
Ken Clarke's Ministry of Justice faces a legal challenge over its controversial plan to scrap legal aid for victims of clinical negligence. We have issued legal proceedings for a judicial review of the decision. For full Press Release click here
15.08.11 LATEST REPORT SHOWS CONTINUING FAILURE TO IMPLEMENT PATIENT SAFETY ALERTS
AvMA has published its latest report on Implementation of Patient Safety Alerts. It shows that nearly 50% of trusts have failed to comply with at least one alert. Of nine extra-urgent 'Rapid Response Report' alerts issued in 2010, not a single one had been complied with by every trust.
DEPARTMENT OF HEALTH IGNORANT OF COSTS TO NHS
In its response to a Freedom of Information request by AvMA, the Department of Health has confirmed it has no assessment or estimate of the costs to the NHS of the proposed legal reforms. Meanwhile the NHS Litigation Authority itself agrees that it makes no sense to abolish legal aid for clinical negligence.
11.07.11 AvMA DEMANDS RETHINK OF PROPOSED SCRAPPING OF POST OF CHIEF CORONER
We have joined forces with other charities to demand the establishment of the post of Chief Coroner, which the Government plans to scrap under the controversial Public Bodies Bill, currently going through Parliament.
For full Press Release click here
07.07.11: Peter Walsh, AvMA's Chief Executive, and Legal Director Catherine Hopkins are lobbying shadow justice minister Andy Slaughter - up for discussion - legal aid cuts and Jackson reforms.
28.06.11: HEALTH SELECT COMMITTEE REPORT UNDERLINES THE NEED FOR STRENGTHENING DUTY OF CANDOUR AND NHS COMPLAINTS SYSTEM
We welcome the report of the Health Select Committee on Complaints and Litigation.
For full Press Release click here
For Health Committee Report click here
21.06.11: LEGAL AID CUTS WOULD COST MORE AS WELL AS DAMAGE THE NHS, PATIENTS RIGHTS AND PATIENT SAFETY
Minister for Justice Ken Clarke's announcement today of savage cuts to legal aid as part of the Legal Aid and Sentencing Bill is not only an affront to traditional British attitudes to justice, but is illogical, will be damaging to the NHS and will end up costing the State more rather than saving money. AvMA is calling for a rethink as was done with the Health reforms. The charity has produced figures indicating that the plans to take clinical negligence actions out of scope for legal aid, taken together with other reforms to the way ‘no-win no-fee' actions work, would save the Ministry of Justice's budget a modest £17 million but would land the NHS with extra costs amounting to at least as much and probably much more, unless some of the most vulnerable people in society such as children with brain injuries and bereaved families are denied access to justice at all. Ministers are adamant this is not the policy intention.
AvMA chief executive Peter Walsh said:
"This is either non joined-up government of the worst kind, or the Government is deluding itself when it says it wants to preserve access to justice for clinical negligence victims and simply change the route by which they access it. The only way that the reforms can save money overall is if large numbers of people damaged by clinical negligence are unable to take cases forward at all. It can not be right for Ken Clarke to be allowed to trim his budget by imposing even bigger costs on the NHS. Depriving victims of clinical negligence access to justice is even worse, and in addition to the injustice, the NHS would be deprived of vital learning about what goes wrong. Even if the effect on patient safety was minimal, the extra costs of dealing with avoidable medical accidents would dwarf any savings achieved by the Ministry of Justice. It is time for a rethink. Clinical negligence must be treated as a special case."
21.06.11: NEW GOVERNMENT STATEMENT CASTS DOUBT OVER DUTY OF CANDOUR ('ROBBIE'S LAW')
The full Government response to the Future Forum report following the listening exercise on the Health and Social Care Bill was published yesterday. Unfortunately, it casts fresh doubt on whether the long awaited statutory duty of candour, which so many people called for, will be put in place. It had been hoped that a combination of giving legal force to the NHS Constitution, as well as adding a contractual duty in health providers' contracts announced by the Government initially, could have that affect. It now appears that all that is intended is a standard clause in contracts. This would be nowhere near powerful enough to underpin the culture change required. AvMA is seeking clarification and will continue to press for a clear, enforceable, statutory duty of candour.
17.06.11: PATIENT SAFETY ALERTS - WALES
Results of a Freedom of Information Act request by AvMA to the Welsh Assembly Government has revealed worrying rates of late compliance with potentially life saving Patient Safety Alerts. The charity's report "Implementation of Patient Safety Alerts in Wales", published today, reveals that:
- Not a single Health Board in Wales had fully complied with all patient safety alerts for which the deadline for completion had already passed, and there were 170 instances of an alert not having been complied with.
- Two Health Boards, Abertawe Bro Morgannwg University Health Board and Betsi Cadwaladr University Health Board had not complied with over half of the alerts.
- 11 of the alerts which had not been complied with by at least one Health Board were at least 3 years past the deadline for completion.
- The best rate of compliance was Powys Teaching Health Board at 89% compliance.
To watch BBC Wales Today coverage click here (second item)
To read Wales Online coverage click here
To see BBC Website article click here
14.06.11: GOVERNMENT APPLAUDED FOR INTRODUCING A "DUTY OF CANDOUR"
In its response to the NHS Future Forum report published today, the Government has finally committed itself to a Duty of Candour in healthcare - an enforceable duty to be open and honest with patients or their families when things go wrong.
For full Press Release click here
For the Government's response click here
13.06.11: MIXED REACTION TO NHS FUTURE FORUM REPORT
AvMA has criticised the NHS Future Forum report for not doing justice to calls from patients to do more for patients' rights and patient safety in the Health and Social Care Bill. The charity welcomes the toning down of the drive for 'competition' that the Forum recommends, and wider involvement from health professionals other than GPs. However, the Forum's report is silent on the issue of protecting patient safety after abolition of the National Patient Safety Agency or of introducing a statutory duty of candour to be open and honest when things go wrong. The 'duty of candour' was a key demand of National Voices (the umbrella group for over 200 patients' charities) in addition to AvMA itself and the National Association of LINks members. The Liberal Democrats made a commitment to introduce such a duty in their election manifesto and negotiated it into the Coalition agreement. However, Andrew Lansley is said to be resistant to the idea and it has not as yet found its way into the Bill. Peter Walsh, Chief Executive of AvMA, said: "There is a lot of common sense in the report, but we are disappointed that the NHS Future Forum has not taken on board the concerns of such a wide body of patient opinion. It now is up to the Government to honour the commitment to bring in a new requirement to be open with patients. We understand that the Liberal Democrats are arguing for its inclusion in the Bill". Another concern about the report relate to its recommendations about the proposed new patients organisation Healthwatch. In spite of widespread calls for ring-fencing the budget for Healthwatch and avoiding the conflict of interest involved in local authorities commissioning Healthwatch the rport recommends leaving everything up to local authorities.
To see the NHS Future Forum report click here
ROBBIE'S LAW (DUTY OF CANDOUR) TO GO INTO HEALTH BILL?
The Liberal Democrats are arguing for the Duty of Candour (a statutory obligation for healthcare providers to be open with patients and their families when things go wrong and cause harm) to be included in the Health & Social Care Bill after the current listening exercise. Although Conservative Ministers have expressed strong reservations, they may have no option but to agree if the Bill is to survive. The Liberal Democrats had a commitment to introduce a "requirement" to be open in their manifesto. This was subsequently included in the Coalition agreement and in the White Paper. Many respondents to the listening exercise have called for the introduction of the Duty of Candour, including National Voices (the umbrella group for over 200 patients' charities), the National Association of LINks members, and AvMA. For details of AvMA's campaign click here.
CAMPAIGN TO SAVE ACCESS TO JUSTICE AND LEGAL AID
An announcement from Justice Secretary Kenneth Clarke MP is expected on Wednesday, 8th June concerning the Government's response to consultation on reforms of Legal Aid, including the proposal to scrap legal aid for clinical negligence. AvMA is concerned that together with reforms to how 'no-win no-fee' claims work, this will make access to justice impossible for many victims of clinical negligence. It would also deprive the NHS of valuable lessons for improving patients safety. Please help us avoid this disaster for patient safety and justice. Sign our petition here. Find details of your MP here.
11/04/11: GMC WARNED OVER PROPOSALS TO DEAL WITH ERRANT DOCTORS BEHIND CLOSED DOORS
The GMC is proposing moving away from holding panel hearings in public if doctors agree to charges brought against them and the sanctions. We say that whilst it might be appropriate in certain circumstances to deal with a doctor without going to a public hearing, to do so without stronger safeguards might lead to deals behind closed doors and less robust action over dangerous doctors, ultimately putting patients at risk. To see our response to the GMC Consultation on changes to its fitness to practise procedures click here.
STOP PRESS: CHRE ECHOES AvMA's CONCERNS
The Commission for Healthcare Regulatory Excellence ("CHRE" - the official watchdog over health professional regulators) has echoed many of the concerns set out by AvMA in its response to the GMC consultation. To see the CHRE response, click here.
30/03/11: GROWING CONCERN OVER LEGAL CUTS
The House of Commons Justice Select Committee today added its voice to growing concern about the effect on some of the most vulnerable in society, of proposed cuts to legal aid. Almost simultaneously the Ministry of Justice published its response following consultation on proposed reforms of civil litigation funding. The combined effect of these two reforms would leave many with no prospect of access to justice. In the case of clinical negligence, there are concerns that patient safety will be affected. Not only does clinical negligence litigation act as a powerful incentive to improve safety, but often it is only as a result of claims that errors are ever recognised. Read the Guardian article on legal aid cuts here
21/02/11: HALF OF TRUSTS NOT COMPLYING WITH PATIENT SAFETY ALERTS
AvMA today published its latest report into implementation of patient safety alerts "Too little too late?" It shows that whilst there has been a significant improvement since our report six months ago, half of NHS trusts still have not complied with at least one alert which is past its deadline. 45 trusts had not complied with 5 or more alerts, some of which were years past the deadline. Full implementation of all alerts by the deadline given is supposed to be mandatory. Each alert not implemented leaves patients at unnecessary risk and it is inevitable that non-compliance with alerts has already resulted in patients being unnecessarily harmed or even killed.
AvMA's report can be downloaded here
For the full data supplied by the Department of Health click here
For information on all patient safety alerts click here
Watch Channel 4 News coverage here
20/01/11 NEW HEALTH BILL PUBLISHED: CONCERN OVER PATIENT SAFETY
The Health & Social Care Bill was published on 20th January. It provides the legislative framework for the Governments radical reforms of the NHS. AvMA have expressed concern about the lack of detail about how patient safety will be managed in the new system, and the lack of any plan for patient safety in the transition period. It is proposed that the functions of the National Patient Safety Agency (NPSA) will be absorbed into the new NHS Commissioning Board. However, it is known that only a small fraction of the NPSA's resources will transfer and the NPSA is almost dormant already. The NHS Commissioning Board will not be operational until April 2012. There is no plan for how patient safety will be managed in the interim. Nor is it clear how the important patient safety role of the Strategic Health Authorities and Primary Care Trusts will be replaced.
22/12/10 SAVE ACCESS TO JUSTICE FOR VICTIMS OF CLINICAL NEGLIGENCE
The Ministry of Justice are currently consulting on proposals to deny Legal Aid for Clinical Negligence claimants (and other vulnerable members of society). Coupled with parallel proposals (by Lord Justice Jackson) to change the system for awarding costs in civil litigation, the proposals would inevitably mean that many would be clinical negligence claimants, including those who have lost a child or elderly relative as a result of clinical negligence, would find it impossible to make a claim. Please respond to the consultations (deadline 14th February) and sign our online petition. See our short briefing for futher details. As well as the obvious injustice of the current proposals, we believe they would also set back the powerful incentive for the NHS to improve patient safety and opportunities to learn which clinical negligence cases provide.
01/12/10 MPs DEMAND A STATUTORY DUTY OF CANDOUR IN HEALTHCARE "ROBBIE'S LAW"
MPs from all three main political parties today called upon the Government to introduce a statutory ‘duty of candour’ for organisations in healthcare in an adjournment debate at Westminster.
For full Press Release click here
To link to the debate in Westminster on Duty of Candour click here
19/11/10 AvMA DEEPLY REGRETS GOVERNMENT PLANS TO ABOLISH MUCH ANTICIPATED REFORMS TO THE CORONER'S JUSTICE SYSTEM
AvMA joins with INQUEST and The Royal British Legion in urging the coalition government to reverse its decision to abandon key reforms to the coronial system that would have benefited bereaved families and helped avoid future deaths.
For full Press Release click here
16/11/10 LEGAL AID CUTS ARE SHORTSIGHTED AS WELL AS UNFAIR
We are urging members of the public to respond to consultation on plans to cut legal aid completely for clinical negligence cases. If implemented, the proposals could add millions of pounds to the NHS bill for settling negligence claims, as well as making access to justice impossible for many would-be claimants.
For full Press Release click here
To see the Ministry of Justice consultation on legal aid click here
09/11/10 STAFFORD INQUIRY BEGINS
The public inquiry into Mid Staffordshire NHS Foundation Trust began on 8th November. AvMA is a core participant in the inquiry in recognition of the national role we play in promoting patient safety and supporting people affected by medical accidents. AvMA has also advised over 60 people affected by events at Stafford, and has already contributed important evidence to the inquiry. AvMA's role as core participant means we can help the inquiry ask the right questions as well as provide our own evidence. Peter Walsh is due to deliver AvMA's opening statement to the inquiry on Wednesday, 10th November.
Visit AvMA's new blog site for the latest on the inquiry and other issues here
13/09/10 BETTER REGULATION OF COSMETIC TREATMENT NEEDED
Today sees the launch of a voluntary self-regulation scheme for injectable cosmetic treatments such as Botox. Whilst AvMA has welcomed the initiative as the industry's attempt to at least do something to protect patients from rogue providers, it is calling for more robust statutory regulation. Next month even cosmetic laser treatments are due to come out of statutory regulation. There have been a number of incidents of serious harm resulting from use of this equipment by unqualified staff. AvMA are seeking a review of the decision not to regulate these services.
13/08/10 MANY NHS TRUSTS STILL PUTTING LIVES AT UNNECESSARY RISK
AvMA has today published its latest report into implementation of Patient Safety Alerts issued by the National Patient Safety Agency. It shows that there are still large numbers of trusts who have not complied with the alerts despite our last report in February 2010, and a reminder sent by the Department of Health to all trusts that it is compulsory to do so. It also points to unsatisfactory monitoring and regulation of non-compliance with patient safety alerts. For a copy of the report click here
For BBC News coverage click here
For Peter Walsh interview, BBC Breakfast click here
30/07/10 SIR LIAM DONALDSON STARS IN AvMA VIDEO
Sir Liam Donaldson [until recently the Chief Medical Officer and now Chair of the National Patient Safety Agency, as well as an international leader in the field of patient safety] is one of the contributors to a new promotional video about AvMA and its work. As well as Sir Liam, there are short interviews with AvMA clients, health professionals and James Badenoch QC, a leading Barrister in the field of clinical negligence and medical law. The video is just 10 minutes long. To view the video click here
29/07/10 PATIENT INVOLVEMENT DRAMATICALLY CUT
AvMA has discovered, through a Freedom of Information Act request, that the National Patient Safety Agency (NPSA) has dramatically cut back on patient involvement in recent years. When the NPSA was set up it was heralded as an example of best practice for patient involvement. It appointed a Director to its board with this specific remit (a post which has since been left vacant). However the figures revealed as a result of AvMA's inquiries, show that between 2007 and 2010 the budget for patient involvement more than halved from £252,504 to £116,868.
23/07/10 NPSA TO BE ABOLISHED
AvMA is seeking assurances that patient safety work will not be diluted, following the Government announcement that the National Patient Safety Agency (NPSA) will be abolished as part of its cull of quangos announced this week. Further information on the cuts to quangos (‘arms length bodies') can be found here. Whilst the NPSA is not perfect - it was not given any teeth to back up its guidance for example, and it has dramatically cut back on patient involvement in recent years - its strength is that it focuses purely on patient safety. It will take more than just words to ensure that patient safety takes precedence when its functions transfer to the NHS Commissioning Board, which will have many other things on its agenda.
09/06/10: MID STAFFORDSHIRE PUBLIC INQUIRY WELCOMED
The announcement today by David Cameron of a public inquiry into issues relating to Mid Staffordshire NHS Foundation Trust have been warmly welcomed by AvMA. AvMA has been campaigning for a full public inquiry and was deeply critical of the previous government's insistence on tightly limiting the terms of reference and powers of any inquiry. £1.7 million was spent on the first Francis inquiry into Stafford which was only allowed to go over well trodden ground of what happened at the hospital itself.
AvMA chief executive, Peter Walsh said: "This should not just be about what happened at that hospital. We need to learn how all the safeguards that are meant to be in place to prevent this sort of thing happening failed. Otherwise, the same could occur in your local hospital or mine. That means looking at the role of all the relevant institutions, right up to the Department of Health itself. If ever there was a case for a full public inquiry it is Stafford. The Government are to be congratulated on honouring pledges made by both Conservatives and Liberal Democrats that they would hold one if they had the chance. Now it is imperative that the terms of reference are right and that there is a commitment to act on the findings and recommendations. We also want to see this inquiry as a model of how they can be run efficiently, to time, and without inordinate expense. Run well, public inquiries make a vital contribution to protecting the public interest."
21/05/10: GOVERNMENT TO "REQUIRE" OPENNESS WHEN THINGS GO WRONG IN HEALTHCARE
The programme unveiled yesterday by the new coalition government contains the following commitment "We will enable patients to rate hospitals and doctors according to the quality of care they received, and we will require hospitals to be open about mistakes and always tell patients if something has gone wrong". This appears to open the door to the long awaited statutory Duty of Candour (Robbie's Law). It is a direct lift from the Liberal Democrat manifesto commitment following our ongoing campaign and the undaunting efforts of the Powell family for over twenty years. Although the wording is a little odd (presumably for simplicity's sake within a manifesto designed for the general public), we are sure that the requirement will be wider than ‘hospitals' and will include telling next of kin where appropriate, not just ‘patients'. We believe the really significant word in the commitment is "require", although civil servants are non-committal over whether this will mean a statutory duty. AvMA are meeting with the DH and other stakeholders shortly to discuss how this policy could be taken forward. We urge all who have supported a legal Duty of Candour (‘Robbie's Law') to use whatever influence they have now, to ensure that this opportunity is seized. more
30/04/2010: DUTY OF CANDOUR MOVES CENTRE STAGE
Although the Government has pressed ahead with making it a statutory duty to report patient safety incidents to the Care Quality Commission/National Patient Safety Agency without any requirement to report to patients, there has been significant progress in our campaign for a statutory duty of candour ('Robbie's Law'). Before the election Health Minister, Ann Keen MP, agreed to set up meetings to discuss the possibility of introducing a duty of candour with patients. The Liberal Democrat MP, Tom Brake, tabled an EDM supporting a duty of candour, which was gathering all party support before it was suspended due to the election. However, a commitment to a duty of candour is contained in the Liberal Democrat manifesto. Meanwhile, the Welsh Assembly Government are considering calls made by AvMA and others for creation of the duty within the regulations for the 'Putting Things Right' initiative.
17/04/2010: 20 YEARS ON, "ROBBIE'S LAW" STILL AWAITED BUT NEARER
Today marks the 20th anniversary of the death of Robbie Powell, the 10 year old boy whose story has become the symbol for the need for a legal Duty of Candour in healthcare thanks to the undaunting efforts of his family. Click here for a poem written by Robbie's Great Aunt for the 20th anniversary.
There is now more of a prospect than ever of a statutory Duty of Candour (‘Robbie's Law') becoming a reality. A campaign update will follow shortly.
18/03/2010: NHS COVER-UPS 'LEGITIMISED' BY CQC REGULATIONS
AvMA have expressed grave concerns about the Care Quality Commission (Registration) regulations which come into force on 1st April. They were forced through with no debate even though concerns had been expressed. The regulations make it a statutory duty to make anonymised reports of incidents which harm patients to the National Patient Safety Agency (NPSA) but place no statutory duty on healthcare organisations to be open with patients or their next of kin when things go wrong. AvMA chief executive Peter Walsh said: "This is nothing short of a national disgrace. We are not saying the intention was to legitimise cover ups but that is the danger. A hospital can now be heavily fined or closed down for not sending data to the NPSA, but is under no statutory duty to be open with patients. That sends completely the wrong message." AvMA today published its report "The Need for legal Duty of Candour" stating the case for the duty being added to the regulations. To see the report click here
24/02/10 MID STAFFORDSHIRE NHS TRUST INQUIRY FAILS TO ADDRESS THE KEY QUESTIONS: PRESSURE MOUNTS FOR A FULL PUBLIC INQUIRY
Reacting to the release of the Inquiry's report, AvMA is calling once again on the Secretary of State, Andy Burnham MP, to convene a full public inquiry into how the situation at Mid Staffordshire NHS Trust was allowed to arise.
For full Press Release click here
For AvMA's Reaction to Secretary of State Andy Burnham's Statement click here
For Stafford Inquiry Report click here
19/02/10 COSMETIC TREATMENT: SELF-REGULATION BETTER THAN NO REGULATION
AvMA has criticised the Government for not introducing statutory regulation of injectable cosmetic treatments like Botox, but given a cautious welcome to the industry's new quality-mark scheme, which is due to be launched by health minister Mike O'Brien today. For full Press Release click here
16/02/10 NHS FAILING TO IMPLEMENT PATIENT SAFETY ALERTS
AvMA has today published results of its research into NHS bodies' failure to implement patient safety alerts issued by the National Patient Safety Agency (NPSA). The report "Adding Insult to Injury - NHS failure to implement patient safety alerts" is based on a Freedom of Information request the charity made to the Department of Health, which manages the Central Alert System (CAS). When the NPSA issues an alert (which is only done after thorough research and consultation that the issues are serious and the recommended actions urgent in the interest of safety), NHS bodies have to report to the CAS when the recommended actions have been completed. Compliance with implementing the alerts within a given deadline is one of the top "core standards" which all NHS trusts in England are supposed to meet. The research revealed that there is no system inplace for monitoring compliance. AvMA point out that failure to implement the alerts or to intervene where necessary is putting lives at risk, and adding insult to injury for injured patients and those who have lost loved ones due to lapses in patient safety. Chief executive Peter Walsh said: "It is this kind of complacency that could allow another Stafford to happen".
For the Full Report click here
For Case Studies click here
For Main Media Coverage -
BBC Radio Four 'File on Four, Programme click here
Channel 4 News click here
Guardian Newspaper (front page) click here
10/02/10 RESPONSE TO REVIEW OF CIVIL LITIGATION COSTS
For the full document click here
05/02/10 WALES MAY LEAD UK ON DUTY OF CANDOUR IN HEALTHCARE
AvMA has written to Welsh Health Minister, Edwina Hart, calling for a duty of candour ("Robbie's Law") to be introduced as part of the new Healthcare Standards for Wales currently being consulted upon. For full Press Release click here
04/02/10 REACTION TO WISBECH INQUEST VERDICT AND RECOMMENDATIONS FOR OUT OF HOURS GP SERVICES
AvMA has welcomed the finding of the coroner in the inquest of Mr David Gray - the gentleman killed by an overdose administered by a German out of hours doctor. For full Press Release click here
29/01/10 GMC DECISION RE GOSPORT DOCTOR
The GMC today decided not to strike off Dr Jane Barton, the doctor at the centre of the Gosport War Memorial Hospital scandal, in spite of finding her guilty of professional misconduct. They have imposed conditions on her practice. AvMA is calling for a public inquiry. For full Press Release click here
05/12/09 REPORTING ADVERSE EVENTS TO BE MANDATORY (BUT NOT TO PATIENTS)
The Government are to introduce a legal requirement to report adverse events in health or social care in England to the regulator, but have run into a storm over the absence of a corresponding legal duty to inform patients (or their next of kin). The Liberal Democrats are opposing the new regulations unless a corresponding ‘duty of candour' is introduced at the same time, as are patients' groups. For full Press Release click here. Click here for information on the campaign for a legal Duty of Candour ("Robbie's Law")
29/11/09 DR FOSTER REPORT UNDERLINES NEED FOR URGENT ACTION ON PATIENT SAFETY
AvMA has welcomed the Dr Foster report "How safe is your hospital?" as further evidence that urgent action is still needed to improve patient safety, including a fresh approach to monitoring and regulation. For full Press Release click here
29/11/09 NHS TRUSTS FAILING TO IMPLEMENT PATIENT SAFETY ALERTS
Amid the furore over statistics in the Dr Foster report, AvMA is highlighting even more worrying failings in implementing urgent actions flagged up in official patient safety alerts issued to the NHS. For full Press Release click here
24/11/09 GMC SLAMS DOOR ON JUSTICE AND CREATES "LIAR'S CHARTER"
AvMA have had to abandon their High Court action to force the GMC to at least investigate doctors accused of forging records in an attempted cover up over the death of 10 year old Robbie Powell, having been "priced out" of the unique test case. Although the court has ruled that the charity had "a realistic prospect of success" in its judicial review that was due to be determined in a substantive hearing shortly, the charity failed to secure a 'protected costs order' from the court, which would have limited the cost it would have to pay if it lost to a manageable amount.
AvMA chief executive Peter Walsh said:
"This is a sad day not only for Robbie's parents but for anyone concerned with justice and the upholding of medical professional standards such as honesty. It is incredible that the GMC does not think allegations of forgery which the Crown Prosecution Service described as having an evidential base to justify prosecution, are not even worth investigating, and can also ignore the wishes of the NHS Local Health Board, Powys, and others to have an investigation. Whether intentionally or not, the GMC seem to be creating a "liars' charter" whereby those who are successful in covering up for long enough will evade investigation, leave alone sanctions." For full Press Release click here
19/11/09 NHS GUIDANCE ON 'BEING OPEN' IS WELCOME BUT MUST BE ACCOMPANIED BY A LEGAL DUTY
AvMA has welcomed the launch today of updated and improved guidance on 'Being Open' by the NHS National Patient Safety Agency, but has demanded progress on implementing a legal duty to be open and honest with patients and relatives when things go wrong. For full Press Release click here
03/11/09 'BEING OPEN' GUIDANCE TO BE RE-LAUNCHED
The NPSA is due to relaunch its 'Being Open' guidance and materials on 19th November. The guidance will be accompanied by a new 'patient safety alert' and updated materials following a review which found patchy implementation of the previous initiative. AvMA have welcomed the re-launch and are calling for the guidance to be underpinned by a corporate legal Duty of Candour in the regulations for registration with the Care Quality Commission. See 'Robbie's Law' AvMA's Chief Executive, Peter Walsh, is to address an international summit on 'open disclosure' in London on 20th November.
15/10/09 DEPARTMENT OF HEALTH RESPOND TO HEALTH COMMITTEE ON PATIENT SAFETY
The Department of Health response to the Health Select Committee report on Patient Safety can be viewed here. AvMA have broadly welcomed the response, which amongst other things leaves the door open to introducing a legal duty of candour.
12/10/09 MARGARET HAYWOOD VERDICT 'A VICTORY FOR COMMON SENSE'
AvMA has welcomed the verdict in the case of Margaret Haywood and the joint statement by the Nursing & Midwifery Council (NMC) and the Royal College of Nursing issued today. As a result of a High Court ruling and agreement reached by the NMC and RCN Ms Haywood will now be able to continue practising as a nurse. AvMA has always felt that the sanction imposed on Margaret Haywood (being struck off the register) was too severe in the circumstances, and sent out the wrong message about the need for nurses to be able to raise concerns about the safety of patients without inappropriate recriminations.
11/10/09: SURGEONS' STUDY CLAIMS LIVES BEING PUT AT RISK
The report of a study announced today by the Royal College of Surgeons suggests that patients are being put at risk as a result of the way the NHS has implemented the European working time directive, which limits the hours that doctors are allowed to work. The NHS has had years to plan for the safe implementation of the directive, which if implemented well can actually improve safety. AvMA believe that any NHS trust ought to be able to provide evidence of its risk assessment and plans for implementing the changes safely, and that these plans and the results should be independently checked.
07/10/09: PUBLICATION OF PATIENT SAFETY DATA NEEDS TO BE MANDATORY
AvMA has welcomed the publication today of organisational patient safety incident reports for NHS organisations in England and Wales by the National Patient Safety Agency. However, it is calling for it to be made legally binding for any organisation providing NHS services to report incidents to the NHS and to the patient or their relative concerned. For full Press Release click here
06/10/09: RATE OF MEDICATION ERRORS IN NURSING HOMES 'UNACCEPTABLE'
AvMA is calling for action to address the alarming rate of medication errors in nursing homes revealed in research published today in Quality & Safety in Healthcare. For full Press Release click here
01/10/09: OUT OF HOURS GP COVER STATEMENT BY CARE QUALITY COMMISSION WELCOME - BUT WIDER REVIEW NEEDED
AvMA has welcomed the statement by the Care Quality Commission calling for an urgent review of how PCTs monitor out of hours GP cover in the light of the investigation following the tragic death caused by the German doctor, Dr Ubani. However, the charity is calling for a wider review of how out of hours care is organized. For full Press Release click here
30/09/09: PANORAMA LIFTS LID ON DANGERS OF HEALTH SERVICE PRIVATISATION
AvMA, who helped with the research for the programme, has been warning the Department of Health for years of the dangers of outsourcing NHS care to the private sector, and claims that the programme confirms some of its worst fears and experience. For full Press Release click here
15/09/09: STAFFORD INQUIRY 'ADDS INSULT TO INJURY'
AvMA has expressed disappointment and frustration at the limited terms of reference imposed on the independent inquiry into care provided by Mid Staffordshire NHS Foundation Trust, which was launched this morning. For full Press Release click here
12/08/09: CARE QUALITY COMMISSION REGS HOLD KEY TO DUTY OF CANDOUR
A legal Duty of Candour to be open and honest with patients or their families when things go wrong could take the form of regulations governing registration with the new Care Quality Commission (CQC). AvMA have received a positive response to their suggestion from various stakeholders. To see AvMA's full response to consultation on the CQC registration guidance, click here
01/08/09: AvMA RESPONDS TO CIVIL LITIGATION COSTS REVIEW
AvMA has responded to the consultation which will feed into Lord Justice Jackson's report on civil litigation costs. The report could have huge implications for access to justice in clinical negligence cases. AvMA dispels myths about legal costs being entirely the fault of claimants or their lawyers, and makes a number of practical suggestions for containing costs whilst protecting access to justice. Click here to see AvMA's response.
21/07/09: STAFFORD HOSPITAL INQUIRY DOES NOT GO FAR ENOUGH
AvMA has responded with deep disappointment to the restricted terms of reference of the inquiry into Mid Staffordshire NHS Foundation Trust, announced by Secretary of State, Andy Burnham, this morning. For full Press Release click here
14/07/09: £2 MILLION PATIENT SAFETY RESEARCH GRANT PUTS PATIENTS CENTRE STAGE
Researchers at Bradford Institute for Health Research and the University of York have been awarded a £2m grant to research patient safety from the patients' perspective. AvMA advised on the bid and will be part of the six year project which will involve nearly 1,000 patients. The project is unique in its focus on looking at the involvement of patients in improving patient safety.
03/07/09: HEALTH COMMITTEE BACKS 'DUTY OF CANDOUR' CALL
The report of the House of Commons Health Committee into patient safety, published today, echoes many of the priorities advocated by AvMA in its evidence. It has added weight to AvMA's campaign for a legal 'Duty of Candour' when things do go wrong in healthcare by recommending that this is considered as part of measures to create an open and fair culture. Other welcome recommendations include the consideration of a fairer system to compensate injured patients and improving the regulation of patient safety. The committee described the Government's failure to implement the NHS Redress Act (2006) as 'appalling'. For more on the campaign for a Duty of Candour ('Robbie's Law') click here. To see the Health Committee report click here.
01/06/09: SCOTLAND CONSIDERS "NO-FAULT" COMPENSATION
Health Cabinet Secretary, Nicola Sturgeon, has announced the setting up of an expert group to report back on a possible "no-fault" compensation scheme for medical negligence in Scotland. Peter Walsh, Chief Executive of AvMA, has been invited to join the group which will be chaired by Professor Sheila McLean from Glasgow University. AvMA have welcomed the opportunity to explore increasing access to justice for people affected by medical accidents in Scotland.
11/05/09: NHS ISSUES NEW GUIDANCE ON APOLOGIES AND EXPLANATIONS
Action against Medical Accidents (AvMA – the charity for patient safety & justice) has welcomed the issuing of revised guidance by the NHS Litigation Authority on providing apologies and explanations. AvMA had objected strongly to the previous NHSLA circular which warned NHS bodies to take care when providing explanations “so as to avoid future litigation risks”. The old circular also defined apologies as “expressions of regret at an outcome”. To see a copy of the new circular issued to all NHS bodies click here. The Welsh Health Legal Services had already agreed to change their circular, as soon as AvMA pointed out it was inappropriate. more
05/05/09: CALL FOR REVIEW OF GP OUT OF HOURS SERVICE
AvMA Chief Executive, Peter Walsh, and the family of Mr David Gray, who was killed by an overdose of diamorphine administered by a doctor brought in from Germany, are calling for an urgent review of how GP out of hours services are provided and regulated. To watch Peter Walsh's interview on BBC TV click here
20/04/09: GOSPORT HOSPITAL INQUEST FAILS TO SATISFY FAMILIES
The inquest verdicts on ten deaths which occurred in the late 1990’s at Gosport War Memorial Hospital were announced today but failed to satisfy families involved in the inquests, and many more who have been denied an inquiry into their loved ones’ deaths at the hospital. For full Press Release click here
17/04/09: CAMPAIGN FOR A LEGAL DUTY OF CANDOUR - "ROBBIE'S LAW"
A campaign is launched today for the introduction of a legal ‘Duty of Candour’ for health professionals and managers. This would make it a legal requirement to inform patients or their next of kin if there has been an error or incident in their healthcare which has or may cause harm. For full details click here
01/04/09: ALAN JOHNSON FACES POLITICAL & LEGAL PRESSURE FOR A PUBLIC INQUIRY OVER STAFFORD HOSPITAL
MPs today debate the Stafford hospital scandal in an adjournment debate amid growing demands for an independent inquiry. Over 140 MPs have already signed an early day motion calling for a public inquiry. It has also emerged that Secretary of State, Alan Johnson, faces a legal challenge from relatives of patients who died at Stafford over his refusal, thus far, to provide a public inquiry. A leading law firm, Leigh Day have been instructed to apply for a judicial review of his decision on the basis that it breaches Human Rights law. Action against Medical Accidents (AvMA) – the charity for patient safety and justice, has joined forces with ‘Cure the NHS’ (the self help campaign group of patients and families affected by failings at Stafford Hospital) in leading the campaign for a full public inquiry into how the events at Stafford were allowed to happen, and can be prevented happening in an NHS hospital ever again. For full Press Release click here
24/03/09: BREAKTHROUGH RE NHS COMPLAINTS AND LITIGATION
Action against Medical Accidents (AvMA) – the charity for patient safety and justice, has had it confirmed by the Department of Health that the current bar on people having an NHS complaint investigated if they have started or intend to start litigation to recover compensation is to be lifted. The regulations which govern the new NHS complaints procedure, subject to parliamentary approval, will allow complaints and litigation to run concurrently for the first time. The move follows years of campaigning by AvMA. The new NHS complaints procedure comes into force on April 1st in England. For full Press Release click here
24/03/09: CALL FOR PUBLIC INQUIRY OVER MID STAFFORDSHIRE HOSPITAL
Action against Medical Accidents (AvMA) – the charity for patient safety and justice, has written to Alan Johnson the Secretary of State for Health asking for a public inquiry into how the Mid Staffordshire Hospital scandal was allowed to happen, and offering to help with the independent review of medical records promised to patients and families. For full Press Release click here. For copy of letter to Alan Johnson click here
17/03/09: MID STAFFORDSHIRE NHS FOUNDATION TRUST - WORST SCANDAL SINCE MAIDSTONE
AvMA has branded the revelation of failings at Mid Staffordshire NHS Foundation Trust as the worst scandal to hit the NHS since Maidstone. For full Press Release click here. For a copy of the Healthcare Commission Report click on link below
04/03/09: 17 STILLBIRTHS A DAY IN UK
SANDS - the stillbirth and neonatal death charity - has reported that 17 babies a day are stillborn or die shortly after birth in the UK. The rates have not improved for a decade. SANDS says many deaths could be avoided by better antenatal and neonatal care - a claim born out by the most recent official Confidential Enquiry into Stillbirths and Deaths in Infancy. AvMA supports SANDS' campaign. In AvMA's experience bereaved parents often have insult added to grievous injury by the way the NHS and legal system respond to avoidable deaths.
24/02/09: GMC DEFEATED IN ATTEMPT TO PREVENT JUDICIAL REVIEW
The General Medical Council (GMC) have suffered a defeat in their attempts to avoid a judicial review of their refusal even to investigate allegations of forgery and ‘cover-up’ by doctors involved in the case of Robbie Powell, aged ten, who died following neglectful treatment in South Wales in 1990. The High Court have granted Action against Medical Accidents (AvMA) – the charity for patient safety and justice – permission to progress to a substantive hearing in their action to overturn the GMC’s decision. For full Press Release click here
23/02/09 GMC FACES JUDICIAL REVIEW OVER "LIARS' CHARTER"
On the 24th February, the General Medical Council (GMC) - the body responsible for regulating doctors and protecting the public - faces the biggest threat to its credibility since it faced savage criticism in the Shipman Inquiry. The High Court is to consider a judicial review brought by Action against Medical Accidents (‘AvMA') - the charity for patient safety and justice - regarding a decision by the GMC not even to investigate allegations that doctors attempted to cover up serious failings which led to the death of 10 year old Robbie Powell in South Wales. A police investigation had found evidence of forgery and perverting the course of justice. AvMA Chief Executive, Peter Walsh, said:
"The GMC have shown an astonishing lack of judgement which needs to be corrected. If their decision is upheld, it effectively creates a ‘liar's charter' whereby a tiny minority of dishonest doctors, who manage to prevent their cover-ups being formally reported to the GMC for over five years, will not be held to account."
For full Press Release click here
12/02/09 QUESTIONS OVER GMC REMAIN 10 YEARS AFTER SHIPMAN
On 24th February AvMA is seeking a judicial review of a GMC decision not even to investigate doctors alleged of trying to cover up errors which led to the death of Robbie Powell in South Wales by falsifying medical records. A police investigation found evidence of forgery and perverting the course of justice. For full Press Release click here
14/01/09 SAFER SURGERY CHECKLIST WILL SAVE LIVES
AvMA welcomes the Safer Surgery Saves Lives initiative being launched by the World Health Organisation for the European region in London on 15th January 2009. Speaking at the conference to launch the initiative, which includes a checklist to help avoid errors in surgery, AvMA's chief executive Peter Walsh will give examples of the human cost of perfectly avoidable errors such as operating on the wrong patient, or on the wrong organ or side of the body. He will call for use of the checklist to be made compulsory. Research conducted by the World Health Organisation shows that use of the checklist would save lives and avoid many unnecessary injuries to patients. For full Press Release click here
19/12/08 NEW COMPLAINTS PROCEDURE IMMINENT
AvMA has submitted its response to the Department of Health consultation on the new complaints procedure which comes into force in April 2009. We are calling for an end to the current perverse position where patients are denied access to the complaints procedure if they start legal action or even declare the intention to, and for stronger rights to investigation and review by the Ombudsman where appropriate. To see AvMA's full response click here. NHS staff and patients' organisations have a chance to be brought fully up to date with the new procedure and ensure they are prepared by attending the Annual NHS Complaints & Redress Conference, Manchester, 11th March, which also includes a presentation on the NHS Redress Scheme taking shape in Wales. For details click here
11/12/08 CONSULTATION ON NHS COMPLAINTS PROCEDURE
The Department of Health is consulting on the proposed content of regulations to cover the new NHS Complaints Procedure which comes into force in April 2009. AvMA is calling for an unequivocal commitment to end the current situation whereby an injured patient who has commenced legal action or who intends to, is denied access to the complaints procedure, For the consultation document click here
9/12/08 DOUBLE THE NUMBER OF A&E DOCTORS NEEDED
A new report by the College of Emergency Medicine says that double the current number of doctors are needed for A&E departments by 2012 if patient safety is needed if patient safety is to be protected. For details click here
2/12/08 SCOTLAND CONSULTS ON PATIENTS RIGHTS
The Scottish Governement is currently consulting on the possible contents of a Patients Rights Bill. Amongst the the more radical proposals is a favoured move towards a so-called 'no-fault compensation' scheme for people injured as a result of treatment under the NHS in Scotland. AvMA has welcomed the consultation and the proposal to enshrine patients' rights in legislation. more
4/12/08 PATIENTS RIGHTS BILL ANNOUNCED
A new Health Bill including patients rights and responsibilities was announced in the Queen's speech yesterday. It will provide statutory back-up to the NHS Constitution which was consulted upon this year. Scotland is already consulting on the contents of a Patients Rights Bill (see below). For further details of the Bill announced in the Queen's speech, click here http://news.bbc.co.uk/1/hi/health/7762696.stm
4/12/08 RESPONSE TO EU DIRECTIVE ON CROSS BORDER CARE
AvMA has submitted its response to Department of Health consultation on cross border care in Europe. To see a copy of AvMA's response click here
28/11/08 DATES SET FOR KEY CONFERENCES IN 2009
AvMA are pleased to announce the dates for some of its set-piece conferences in 2009. Put them in your new diaries now! The popular annual NHS & Complaints Conference will be held in Manchester on 11th March 2009. This is a must for those wanting the very latest news and policy on NHS complaints and Redress and to hear about best practice from leaders in their fields. Fol
