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Disclosure in clinical negligence disputes: know thy duty, know the cost of...

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Bevan Brittan LLP

2 Fleet Place

Fleet Place House, 2 Fleet Place, Holborn Viaduct

London

EC4M 7RF

United Kingdom

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Description

Disclosure of medical records, protocols and other documents such as SUI reports and statements in the context of clinical negligence disputes can be complex, administratively burdensome and hugely time consuming. Patients will frequently have been treated by numerous clinicians in a variety of specialties across different sites, each of whom might have different systems and practices for storing and recording patient data. Records can be voluminous; policies and protocols numerous; and rotas and staffing lists indecipherable. Yet both the substantive and procedural law is clear that, with very limited exceptions, patients are entitled to sight of all personal data held by healthcare organisations, as well all other disclosable documents relevant to the dispute. Sometimes, disclosure can seem overwhelming. But getting it wrong and cutting corners can hit you hard, both financially and reputationally.

Key topics

  • The legal basis of disclosure:

  • Data Protection Act,

  • Access to Health Records Act,

  • Freedom of Information Act,

  • CPR 31

  • Disclosable vs privileged documents: the overlap and interplay between SUIs, complaints and claims documentation

  • What is a reasonable search and how do you evidence that you have complied with your duties?

  • The right of inspection

  • Pre-action disclosure

  • Specific disclosure

  • E-disclosure

  • Getting it right: top tips for getting disclosure right first time

  • Getting it wrong: lessons from the coalface

  • Serious and frequently occurring risks

  • Applications for strike out

  • Costs consequences

  • Referrals to the Information Commissioner

  • Case law update

Who should attend?

  • NHS Trust Legal Services Managers & Complaints Managers

  • In-house Counsel at independent healthcare providers

  • Directors of Quality & Governance

  • Information Governance Managers

  • Medical Records Officers

  • Clinical, Medical and Nursing Directors with IG responsibility

  • Claims handlers

Attending this training is completely FREE of charge. The session will include networking lunch giving you the opportunity to meet fellow attendees and direct your questions to the speakers.

Please be aware that places for this seminar are limited and the session isexpected to get over subscribed. Our clients get priority over non clients but we will endeavour to increase capacity where we can to allow all those who wish to attend a place. Where we are heavily over subscribed we will limit places to one or two people per organisation in which case you may be asked to liaise with your team. Should we have to do any of the above we will be in touch with you at least 2 weeks before the event date.

FAQs

Where can I contact the organiser with any questions? Please email us at events@bevanbrittan.com and a member of our events team will be in touch with you within 3 working days

Can I invite my colleagues to this event? Feel free to forward an invitation to any of your colleagues you believe can benefit from attending.

I want to attend but can't make the date. Will you repeat this event? Even though we may not repeat the specific event we will be holding other events that may be of relevance to you so please email events@bevanbrittan.com with your chosen areas of interest.

Registering to attend this event grants permission to the organisers to use your contact details to get in touch with you about this event as well as other similar events they plan in the future.

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Date and Time

Location

Bevan Brittan LLP

2 Fleet Place

Fleet Place House, 2 Fleet Place, Holborn Viaduct

London

EC4M 7RF

United Kingdom

View Map

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