16 June, 2020
Further to our previous article "Doctors Challenge the Government Over PPE", the doctors have now issued a High Court Challenge against the Government. The Telegraph reports that the claim for judicial review has been lodged with the Court by the Doctors' Association UK, Hourglass (a charity which works to prevent abuse and neglect of older people) and legal pressure group the Good Law Project.
Dr Meenal Viz and Dr Nishant Joshi have instructed London based law firm, Bindmans, who have issued a statement which states amongst other points:
"Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, have filed for judicial review of the Government's guidance on Personal Protective Equipment (PPE) following an exchange of pre-action correspondence over the past six weeks.
"They are no longer willing to wait for such matters to be resolved, while their health care and social care colleagues, as well as their patients, around the country continue unnecessarily to contract, and in some tragic cases, die from, COVID-19 because of inadequate PPE.
"The Government have also refused to allow Dr Viz and Dr Joshi to publish their initial responses to the pre-action correspondence so that others can assess the adequacy of their approach to PPE."
Judicial review is a type of Court proceeding in which a Judge reviews the lawfulness of a decision or action made by a public body and can challenge the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
We will keep our website updated on the progress of the challenge but if you have any concerns in relation to any medical care you have received before or during the pandemic and would like to speak to someone then please contact the Clinical Negligence team on 01254 872 111 to discuss the matter further. Alternatively complete our online enquiry form.