Legal pathways to Europe needed to help curb human smuggling

Date of article: 25/10/2019

Daily News of: 29/10/2019

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: en

The recent tragedy where 39 people were found dead in a lorry in the UK underlined the extreme price people pay to unscrupulous people smugglers. In the wake of this, the European Union Agency for Fundamental Rights (FRA) reiterates its call for more safe legal pathways to Europe to help stem the tide of human smuggling.

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Trust failed to inform man his cancer was terminal, Ombudsman finds

Date of article: 28/10/2019

Daily News of: 29/10/2019

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

Trust failed to inform man his cancer was terminal, Ombudsman finds
29 October 2019
ERogers Mon, 10/28/2019 - 14:35

The Parliamentary and Health Service Ombudsman has found serious failings at Royal Cornwall Hospitals NHS Trust (the Trust) following the death of a man whose cancer was misdiagnosed, and who was not informed that his condition was terminal.

The man, Mr W, was referred to the Trust for a chest X-ray in March 2015, after suffering from pneumonia. A separate company, 4Ways Healthcare, was employed by the Trust to report on the X-ray. They suggested that he may have had an aneurysm.

With his symptoms not improving, Mr W was referred again for a CT scan in April. The Trust found that the original X-ray had been reported incorrectly by 4Ways Healthcare. The results from the new scan suggested Mr W may instead be suffering from lung cancer and further tests confirmed this.

The Trust was aware by this point that Mr W’s cancer was inoperable, but they did not inform him of this. He began chemotherapy and radiotherapy.

A further CT scan taken in late October showed that Mr W’s cancer had spread to other parts of his body, including his brain. He was admitted to hospital but later discharged. On 14 November, Mr W came back to hospital as his condition had worsened at home. Sadly, he died later that day.

The Ombudsman investigated the case after Mr W’s wife made a complaint.  They concluded that there was no evidence the Trust had informed Mr W of his prognosis. As such, he lost the opportunity to make a fully informed decision on his choice of treatment. Mr W did not get the time he should have to come to terms with his condition and get his affairs in order. His son also lost the opportunity to see his father before he died.

The Ombudsman also found that the misreported X-ray resulted in Mr W’s lung cancer diagnosis being delayed. Had the X-ray been reported correctly, the Trust could have started carrying out further tests, and Mr W could have started palliative treatment sooner. The Trust should have explained the error in reporting the X-ray to Mr W. They failed to do this, resulting in his family finding out of the error themselves after he had passed. The Ombudsman found that these failings amounted to a serious injustice to Mr W and his family.

Rob Behrens, Parliamentary and Health Service Ombudsman, said:

‘Mr W passed away having been unable to make an informed choice about his treatment. His family were not given the opportunity to properly say goodbye to him. The failings in this case were avoidable and caused huge emotional distress. They must not be repeated.’

Bernadette George, Director of Integrated Governance for Royal Cornwall Hospitals Trust said:

‘This is a very sad set of circumstances, where we let both the patient and their family down with our lack of openness and poor communication. We are extremely sorry for this and the additional distress it caused.

‘The review of this case has led to changes in the way we handle any situation where a misdiagnosis comes to light and as our recent work with the Care Quality Commission has confirmed, we are now making sure that we fulfil all of our Duty of Candour responsibilities. We now have an integrated Specialist Palliative and End of Life Care Team for patients and their families to ensure there is appropriate support and clear communication between everyone involved in a person’s care.’

What happens next?

The Ombudsman’s investigation highlighted the urgent need for the Trust to develop an action plan to address its failings and explain what it will do differently in the future. In addition to sending this plan to the Care Quality Commission, it should also reach an agreement with 4Ways Healthcare as to how in the future both organisations will communicate appropriately with patients whose care they are both involved in.

The Trust has written to Mrs W to apologise for the impact their failures have had.

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Ombudsman announces new Expert Advisory Panel

Date of article: 21/10/2019

Daily News of: 29/10/2019

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

Ombudsman announces new Expert Advisory Panel
22 October 2019
KMinton Mon, 10/21/2019 - 12:24

The Parliamentary and Health Service Ombudsman is pleased to announce the members of a newly formed Expert Advisory Panel. Ombudsman Rob Behrens appointed Dr Bill Kirkup, James Titcombe, Suzy Ashworth and Dr Nick Coleman as independent advisors with a remit to offer challenge and support to different areas of the organisation’s work. 

The four panel members bring with them a wide range of specialist knowledge and expertise and will provide independent advice as and when it is required by the Ombudsman.

Dr Bill Kirkup, CBE, was the Associate Chief Medical Officer at the Department of Health from 2005 to 2009. He chairs investigations into public service failures which have included Jimmy Savile’s involvement at Broadmoor Hospital and the Morecambe Bay maternity services. Dr Kirkup served as a member of the Hillsborough Independent Panel and the Gosport Independent Panel and has experience working on public health as a civilian volunteer alongside several overseas military operations.

James Titcombe, OBE, is a patient safety consultant and worked as the National Advisor for Safety, Quality and Culture with the Care Quality Commission (CQC). He was also a member of the government’s expert advisory group which helped establish the Healthcare Safety Investigations Branch (HSIB). His campaign following the death of his baby son Joshua in 2008 resulted in the Morecambe Bay Inquiry, and a subsequent national review of maternity services. 

Suzy Ashworth is a dispute resolution professional with broad experience of the legal, complaints handling and professional services sectors. She is a panellist on the Fitness to Practise Committee of the Nursing and Midwifery Council and adjudicates on consumer complaints against private healthcare providers.

Dr Nick Coleman has been a consultant in Intensive Care Medicine at the University Hospitals of North Midlands for 22 years and the Trust’s Responsible Officer since 2014. His professional interests include the learning to be gained from healthcare investigations and the development of safe and accessible healthcare services.

Rob Behrens, Parliamentary and Health Service Ombudsman, said:

‘Having independent experts provide honest and critical advice is a highly effective way for us to continuously improve the quality of our service and the impact of our casework.

'The panel will bring an invaluable breadth of knowledge and expertise to their advisory roles. I look forward to getting their input on various projects and areas of our work.’

Find out more about our Expert Advisory Panel. 

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Histoire vécue : Thierry reçoit finalement une allocation pour son congé soins palliatifs

Date of article: 28/10/2019

Daily News of: 29/10/2019

Country:  Belgium

Author: Federal Ombudsman of Belgium

Article language: fr



L’ONEM refuse de verser à Thierry (prénom et photo d'emprunt) l’allocation de son congé pour soins palliatifs car il a fait sa demande écrite à son employeur deux jours après avoir débuté le congé. La réglementation exige de le demander avant, mais en raison des circonstances, il était impossible pour Thierry de soumettre la demande officielle plus tôt.

Circonstances exceptionnelles

Le Médiateur fédéral constate que l’ONEM applique bien la réglementation.

Il demande néanmoins à l’ONEM de prendre en compte les circonstances très particulières vécues par Thierry, qui devait assister son père en fin de vie. Thierry pensait que tout était en ordre car il avait reçu l’accord de son employeur.

Allocation accordée

L’ONEM fait finalement une exception pour Thierry et il revoit sa décision. Thierry reçoit l’allocation qui correspond à son congé pour soins palliatifs.

Une plainte ?

Si vous rencontrez un problème avec l’ONEM :
- contactez d’abord son service de plaintes,
- si vous n’êtes pas satisfait ou si le problème subsiste, introduisez une plainte chez le Médiateur fédéral.

Un autre problème ? Le site www.ombudsman.be vous guide facilement vers l'ombudsman qui peut vous aider.


Lu, 28/10/2019 (Toute la journée)
28/10/2019 (Toute la journée)
28/10/2022 (Toute la journée)

Thierry prend un mois de congé pour rester auprès de son père malade et en fin de vie. Son employeur accepte son congé, mais l’ONEM refuse de payer l’allocation car la demande a été effectuée trop tard. Thierry fait part de circonstances particulières et demande un peu de souplesse, sans succès. Il contacte alors le Médiateur fédéral.

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Le Médiateur rencontre la Vice-Présidente du Gouvernement de Wallonie, Christie Morreale

Date of article: 25/10/2019

Daily News of: 29/10/2019

Country:  Belgium - Wallonia and Federation of Wallonia-Brussels

Author: Regional Ombudsman of Wallonia and Federation of Wallonia-Brussels

Article language: fr

Le Médiateur, Marc BERTRAND, a rencontré Madame Christie MORREALE, Vice-Présidente et Ministre du Gouvernement de Wallonie en charge de l’Emploi, la Formation, la Santé, l’Action sociale, l’Egalité des chances et des Droits des femmes.

25-10-2019

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