News
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. Following the great success of the annual Legal & Ethical Issues in Healthcare conference (run in partnership with the MPS) last week, the date for next year's event has been set for 19th November, in London. This event has become a focal point for clinicians, lawyers, patient activists, policy makers and academics interested in the ethical & legal 'grey areas' in healthcare. Finally, AvMA's annual Clinical Negligence & Medical Law conference takes place in Bournemouth, June 19-20th. This is the flag ship event for anyone specialising in clinical negligence and medical law attended by some 500 delegates. For more information on AvMA's events see http://www.avma.org.uk/pages/conferences_events.html
26/11/08 GMC TO FIGHT TO PREVENT ‘COVER UP’ INVESTIGATION
A date has been set for a hearing to consider AvMA’s application for a Judicial Review of the GMC’s decision not even to investigate allegations of an attempted cover-up by doctors following the death of the young boy Robbie Powell due to negligence. The hearing will be on 24th February 2009 in London. The GMC has signalled its intention to fight to protect the doctors from investigation in spite of the availability of evidence from, amongst others, the Police and Crown Prosecution Service concerning alleged forgery and perverting the course of justice, and the fact the most of the doctors are still practising.
20/10/08 CALL FOR MANDATORY REPORTING OF ALL HEALTHCARE ASSOCIATED INFECTIONS
For a copy of AvMA's response click here
15/10/08 NHS CONSTITUTION - AVMA CALLS FOR INTRODUCTION OF A 'DUTY OF CANDOUR'.
For a copy of AvMA's response click here
15/10/08 MEMORANDUM OF EVIDENCE TO HEALTH SELECT COMMITTEE INQUIRY INTO PATIENT SAFETY
For a copy of AvMA's response click here
10/10/08 NATIONAL AUDIT OFFICE REPORT ON NHS COMPLAINTS CONFIRMS PATIENTS' FEARS
AvMA has welcomed the publication of the National Audit Office report on NHS complaints, published today, saying it confirms their own experience but does nothing to diminish patients’ fears about the robustness of the proposed new system.
For full Press Release click here
25/09/08 GOVERNMENT U-TURN OVER LASERS
AvMA are pleased to announce that the controversial plans by the Department of Health to de-regulate cosmetic laser treatment with effect from October have been dropped. AvMA were one of a wide coalition of consumer, medical and industry organisations who all voiced strong opposition to the plans. The Department had itself calculated that the change would have led to increased harm to patients.
12/08/08 GMC FACES CHALLENGE OVER REFUSAL TO INVESTIGATE SERIOUS ALLEGATIONS
The General Medical Council (GMC) is facing a judicial review of its decision not even to investigate allegations of ‘cover up’, fraud and perverting the course of justice by doctors following the death of a ten year old boy due to negligence. Action against Medical Accidents (‘AvMA’) – the charity which promotes patient safety and justice for people affected by medical accidents – will today (12th August 2008) apply for a judicial review of the GMC’s decision about the allegations concerning the death of Robbie Powell in South Wales in 1990 and subsequent events, which were the subject of a complaint by Robbie’s father, Will Powell. There has already been a successful clinical negligence action brought in connection with Robbie’s death. A police investigation of the actions of several doctors involved in Robbie’s case did not result in a criminal prosecution, but did lead the Crown Prosecution Service to conclude in 2003 that there was an “evidential base for prosecuting for offences of forgery and perverting the course of justice”. The doctors have been accused of falsifying medical records in order to try to cover up failings in the treatment of Robbie. In full knowledge of this and of other evidence available concerning the alleged ‘cover up’, and allegations concerning it being perpetuated at an Inquest in 2004, the GMC refused even to refer the matters to a case examiner for investigation. The Assistant Registrar cited the GMC’s ‘five year rule’ which says that unless there are exceptional circumstances and it is in the public interest to do so, allegations made more than five years after the events giving rise to the allegations, will not normally be investigated.
For full Press Release click here
22/07/08 NHS CHALLENGED OVER 'BEING OPEN'
Action against Medical Accidents (AvMA – the charity for patient safety and justice) are pressing for the withdrawal of a circular issued by the NHS Litigation Authority to NHS bodies warning them to take care when providing explanations to patients or families affected by medical accidents so as to “avoid future litigation risks”. For full Press Release click here
15/07/08 BEREAVED RELATIVES TO BE SUPPORTED AT GOSPORT INQUEST
AvMA is offering to support relatives of ten elderly patients who died at Gosport War Memorial Hospital in the late 1990's at a forthcoming inquest in Portsmouth. Families involved in the inquest who have not yet been in contact with AvMA should contact us as soon as possible. A pre-inquest hearing takes place on 14th August. AvMA have arranged with local specialist solicitors, Blake Lapthorn, for legal representation to be offered to families who want it.
For full Press Release click here
10/07/08 CAMPAIGN AGAINST U-TURN ON LASER TREATMENTS
AvMA has joined forces with other patients groups, doctors and representatives of the cosmetic treatment industry to campaign against Government plans to take cosmetic laser treatment out of statutory regulation. For a copy of the open letter sent to the Health Minister, Ben Bradshaw, click here. For a copy of the press release issued by Which? click here. For further comment from AvMA click more
02/07/08 NHS WILL DISOWN ITS PATIENTS INJURED IN PRIVATE SECTOR
In the week that the NHS celebrates its 60th anniversary and Lord Darzi published his vision for the NHS over the next 10 years, the Government has confirmed that it is happy for the NHS to disown patients who it has sent for treatment by private providers if they are treated negligently.
For Full Press Release click here
23/05/08 'PATIENT SAFETY CHAMPIONS' NETWORK LAUNCHED
Speaking at the Patient Safety Congress (London, 23rd May) attended by 600 delegates, AvMA Chief Executive, Peter Walsh, announced that the first 22 patient safety champions for England and Wales had been successfully recruited and gone through an induction workshop. This is part of a joint National Patient Safety Agency/AvMA project to recruit patients to work in partnership with NHS staff on patient safety. It is linked to the WHO Patients for Patient Safety initiative and implements a recommendation in Safety First (DoH, 2006). An early priority for champions is to challenge the current 'culture of denial' and promote 'Being Open' more
21/04/08 CALL FOR MORE CONSISTENT FITNESS TO PRACTISE DECISIONS
For a copy of AvMA's response to the CHRE consultation on fitness to practise procedure click here
31/03/08 AvMA RESPONDS TO SCOTTISH CIVIL COURTS REVIEW
AvMA's response to the Scottish Courts Review consultation calls for radical improvements to improve access to justice for people affected by medical negligence in Scotland. For a copy of AvMA's response click here
18/03/08 NHS SEEKS PATIENT 'CHAMPIONS' TO IMPROVE SAFETY
A campaign to recruit Patient Safety Champions is launched today at a special conference in Birmingham.
Members of the public will champion the cause of patient safety, and the role patients can play in improving safety. 22 Patient Safety Champions will be recruited to work with staff responsible for patient safety across England and Wales.
The champions will be drawn from patients, including people who have been affected by medical accidents.
for full Press Release click here
for Further Information click here
12/03/08 AvMA CALLS FOR 'BEING OPEN' TO BE MONITORED AS PART OF THE ANNUAL HEALTH CHECK
For a copy of AvMA's response to the Healthcare Commission consultation on the Annual Healthcheck click here
07/03/08 CORONERS REFORM
AvMA has submitted its response to the consultation on amendments to rule 43 of the Coroners Bill. For a copy of the response click here. AvMA and others have been campaigning for much needed reforms to the coronial system.
25/01/08 WATCHDOG'S MATERNITY FINDINGS WELCOMED
Patient safety campaigners have welcomed the Healthcare Commission findings which point to the unsatisfactory state of Maternity Services in England. Action against Medical Accidents ('AvMA' - the charity for patient safety and justice) says that the findings are a formal endorsement of what it has been telling the NHS for years. Cases involving harm in maternity services form the largest contingent in the charity's 4,000 new enquiries each year, many involving severe brain injury to babies. The yearly bill for clinical negligence in the NHS in England, which has reached £600 million, is dominated by cases of harm caused by negligent care at birth. AvMA chief executive Peter Walsh said:
"As if the dreadful human cost was not enough, the NHS only has to look at what it is paying in compensation to families with brain injured babies to see that urgent action is needed. The Healthcare Commission report is a welcome, if belated, wake up call for the NHS. We and others have been saying for years that numbers of midwives are dangerously low, as is consultant cover to deal with emergencies. Sadly, we continue to see some of the same failures repeated today as we did twenty five years ago when the charity started. Some are as basic as staff's lack of training and ability to interpret and act upon warnings from monitoring equipment such as CTG machines."
17/01/08: PATIENTS SAY 'THANK YOU' LESLIE ASH
Action against Medical Accidents (AvMA – the charity which promotes patient safety & justice) has welcomed the NHS compensation payout to actress Leslie Ash in respect of MRSA acquired at Chelsea and Westminster NHS Trust.
The charity says that this should be seen as another wake-up call to the NHS to clean up its act, and also raise awareness of the need to improve access to justice for people without the financial means of Ms Ash to investigate and pursue their cases. more
21/12/07: PATIENT SAFETY CHAMPIONS NETWORK
AvMA wins National Patient Safety Agency (NPSA) tender to recruit, support and provide training for Patient Champions. AvMA will also establish a wider network aimed at anybody interested in patient safety.
The aim is to stimulate and support patient safety improvements by recruiting Patient Safety Champions who will work with Patient Safety Action Teams at Strategic Health Authority level. Patient Champions will be recruited from people who have suffered harm, those close to them and patient activists. The wider network will enable anybody interested in patient safety to also have a better understanding of the issues and engage in a dialogue with clinicians and health professionals. The project will help ensure patient involvement in patient safety becomes embedded within the NHS.
This work arises out of recommendations made in the Chief Medical Officer’s ‘Safety First’ report. The proposed network is based on the World Alliance for Patient Safety ‘Patients for Patient Safety’ model and follows on from work AvMA has already carried out in partnership with the NPSA.
02/11/07: EIGHT HONOURED AS 25TH ANNIVERSARY MARKS WATERSHED FOR PATIENT SAFETY & JUSTICE
The names of eight individuals who have helped change the face of patient safety & justice in the UK were revealed at the 25th anniversary celebration of Action against Medical Accidents ('AvMA' - the charity which promotes patient safety and justice) at the Science Museum, London on Friday 2nd November. The event was attended by 470 people. For details of the awards and winners click here. Click here for more on this story
11/10/07: THREE REPORTS THIS WEEK UNDERLINE THE NEED FOR URGENT ACTION
AvMA has called for urgent action to improve standards of safety and restore public confidence following the third official report in a week pointed to serious failures. This week alone has seen damning reports illustrating unnecessary death and disability caused by poor maternity care (Royal College of Obstetricians et al), lack of consultants in Accident & Emergency Departments (CEPOD), and the latest report by the Healthcare Commission into out breaks of C Difficile in Maidstone hospital. AvMA chief executive Peter Walsh said:
"These reports confirm what this charity has been saying for some time, but must surely spur the NHS into urgent action. The latest report on Maidstone Hospital is in some ways the most shocking because of the disregard for patient safety shown my management and the unprofessional resignation to unsafe practice shown by health professionals at the trust. It is time to get tough. Anyone can be involved in an accidental error, but blatant disregard for safety can not be tolerated. Both the Maidstone report and an earlier one on Stoke Mandeville suggest that reconfigurations and concentration on targets and finance at the expense of safety played a role. It is time the Department of Health stopped tinkering with the NHS and made patient safety the single overriding goal. Unnecessary reconfigurations and fragmentation of the NHS into different compartments including the private sector is compromising safety."
28/09/2007: NATIONAL AUDIT OFFICE STUDY OF NHS COMPLAINTS
The National Audit Office is conducting a study into NHS handling of complaints. An online survey is being conducted upto 31st October and can be accessed by clicking here
18/09/2007: 30 PEOPLE WHO HELPED CHANGE THE FACE OF PATIENT SAFETY AND JUSTICE
AvMA are pleased to announce the shortlists for the prestigious awards for outstanding contribution in the fields of patient safety and justice. The awards mark the 25th Anniversary of the charity and are designed to acknowledge the contribution made over that time by a wide range of individuals in various capacities. The winners of each award will be announced at AvMA’s 25th Anniversary Gala celebration at the Science Museum, London on 2nd November 2007. For details of all the shortlisted candidates for each award click here.
31/08/2007: AvMA BRIEFING ON COMPLAINTS REFORM
AvMA have published a briefing/discussion paper on the Government's reform of the NHS complaints procedure. Whilst welcoming the policy intention behind the reforms, AvMA raises concerns about the proposal to do away with the independent review function of the Healthcare Commission (at least until improvements in local resolution and the capacity of the Health Service Ombudsman is seen to be adequate to deal with the demand for independent scrutiny of complaints). For a copy of AVMA's briefing click here. We would welcome your thoughts before we submit our final response. Either e-mail us at admin@avma.org.uk or take part in our active discussion forum by registering here.
30/07/2007 : 15 JUMP FOR JUSTICE
15 supporters of AvMA - individuals, solicitors and barristers - took part in the sponsored parachute jump in aid of AvMA on Sunday 29th July. The event is part of a range of activities to mark the 25th anniversary of AvMA and raise much needed funds for the charity. It is hoped approximately £15,000 was raised.
29/07/2007 : AvMA CALLS FOR FAIRER DAMAGES
AvMA has submitted its final response to the Department of Consitutional Affairs (now Ministry of Justice) consultation on the law of damages. To view AvMA's response click here. AvMA is calling for a fairer approach to awarding damages.
27/07/2007 : DARTMOOR CONQUERED IN AID OF AvMA
Intrepid walkers overcame the elements, floods and travel complications to complete a sponsored walk in aid of AvMA’s 25th anniversary appeal last weekend. Our sincere thanks to those who made it and also to those who would have done but for the impossible transport problems. The event was organised by Patrick Cheadle of Brindley Twist Tafft & James with the help of Dr Adrain Rogers, who kindly provided the following report. more
25/06/2007 : CALL FOR JUSTICE IN SCOTLAND
AvMA is launcing a campaign for better access to justice for people affected by medical negligence in Scotland at its annual Clinical Negligence conference in Glasgow (29th - 30th June). As AvMA celebrates its 25th anniversary this year, it is aso being pointed out that in terms of the situation concerning access to justice in the field of medical negligence, Scotland is approximately where England and Wales was 25 years ago when the charity started. Less than one fifth is paid out for damages in medical negligence by the NHS in Scotland, per head of population, than in England. (In 2005-2006 the Scottish NHS paid £9.8 million on medical negligence, whilst in England the figure was £560 million). Only four firms of solicitors in the whole of Scotland employ a solicitor who is an accredited specialist in medical negligence. The recommendation of the Expert Group chaired by Lord Ross which reported to the Scottish Executive in 2003, to fund a Scottish branch of AvMA, has not been implemented. To download a copy of AvMA's 'Call for Justice' click here. AvMA is due to meet with Deputy First Minister and CAbinet Secretary for Health, Nicola Sturgeon, shortly. The SNP' s manifesto included a plan to develop a compensation scheme for the NHS in Scotland.
24/05/2007 : AWARDS MARK 25th ANNIVERSARY
AvMA are delighted to invite nominations of the people you think have made a really outstanding contribution in the fields of patient safety or justice during the last 25 years. We are looking for people who have made an outstanding contribution:
- to Patient Safety (sponsored by Datix)
- as a Claimant Solicitor (sponsored by No 5 Chambers)
- as a Defence Solicitor (sponsored by Forum of Insurance Lawyers)
- as a Medical Expert (sponsored by 'Clinical Risk' - RSM Press)
- as a Patient/Campaigner (sponsored by National Patient Safety Agency)
- as a Barrister (sponsored by Bevan Brittan)
The awards will be presented at AvMA's 25th Anniversary Ball, at the Science Museum, London on 2nd November. We are grateful to the sponsors of the awards.
Deadline for receipt of nominations: 31st July 2007
For details of the awards, click here
To download a nomination form, click here
To reserve a place at the 25th Anniversary Ball, 2nd November at the Science Museum email here or telephone the conference team on 020 8688 9555.
21/02/2007 : REGULATION WHITE PAPER PUBLISHED
The Government today published its white paper 'Trust, Assurance and Safety - the Regulation of Health Professionals in the 21st Century' . Published alongside it is 'Safeguarding Patients' which is its response to the Shipman Inquiry recommendations and those from the Ayling, Neale and Kerr / Haslam Inquiries. Copies can be downloaded from the Department of Health site: www.dh.gov.uk.
AvMA have welcomed the main thrust of the reforms but has concerns about the failure to seriously address the lack of specialist support for people considering raising concerns about health professionals and in following their concerns through the fitness to practise procedures. AvMA is also concerned that the proposed scheme of local GMC affiliates needs to be thought through in much greater detail in order to avoid conflicts of interest, perceptions of lack of independence and unnecessary barriers to concerns being investigated through the fitness to practise procedure of the GMC itself.
01/02/2007 : CALL FOR COMPLAINTS REFORM IN LIGHT OF REPORT
Action against Medical Accidents (AvMA) have called for a speeding up of the process of reforming NHS complaints procedures in the light of the Healthcare Commission report on NHS complaints published today. Reform of the NHS Complaints Procedure has been promised for years but has still not been followed through. The report pinpoints a large increase in complaints having to go to independent review and cites wide scale poor handling of complaints. The procedure itself does not help. There is general consensus that it is slow, unwieldy and often leads to dissatisfaction. Although the report cites around one quarter of the complaints it reviewed as being concerned with patient safety, AvMA estimates that this is much higher. Poor nutrition or lack of help with feeding a frail patient is a patient safety issue for example, as is poor cleaning or hygiene. AvMA is also concerned at the failure to provide an Independent Complaints Advocacy Service for complainants in line with promises made over the abolition of ommunity Health Councils (CHCs). AvMA chief executive, Peter Walsh, said:
"What is frustrating is that this report simply confirms what AvMA and other patients groups have been saying for years. Shockingly, we can still see no convincing evidence that the information available to the NHS through complaints is being actively used to learn lessons and improve safety. Patients have been left for too long with an outdated complaints procedure which is not fit for purpose and the NHS has been slow to give complaints the attention they deserve. The way people are dealt with when they have complained often adds insult to injury. It is a scandal that the promises of a specialist local one-stop shop to support people with complaints and support involvement and monitoring of the NHS to replace CHCs are being ignored".
22/01/2007 : AvMA JOINS HIGH LEVEL PATIENT SAFET TASK FORCE
AvMA has been asked to join the high level National Patient Safet Forum convened following the report of chief medical officer, Sir Liam Donaldson's report Safety First, published in December 2006. The forum comprises leading figures from healthcare and regulation including Sir Liam himself, Sir Ian Kennedy, the chief executive of the NHS, David Nicholson, and other leading figures. AvMA are there to ensure that patients' experience and needs are strongly represented. AvMA's chief executive, Peter Walsh will be a member of the forum, which is designed to inject a fresh sense of urgency and leadership into patient safety work.
11/01/2007 : 'DEFEATISM' OVER HOSPITAL BUGS CRITICISED
Action against Medicall Accidents (AvMA) has attacked what it calls ‘defeatism’ over tackling hospital acquired infections such as MRSA and c-difficile, exemplified by the leaked Department of Health memo reported in the media today. AvMA’s chief executive, Peter Walsh said:
“We can not allow defeatism to replace the complacency which preceded it in the NHS. Now that hospital infections are finally being given the priority many of us were calling
