• Skip to main content
  • Skip to primary sidebar
  • Home
  • News
  • Events
  • Education
  • Interviews
    • Career spotlight
  • Opinion
    • Professional Dilemmas
    • Patient perspective
  • PIPcast
  • Jobs
  • Business Directory

Pharmacy in Practice

EDX/20/1154
Date of prep: December 2020

Prescribing information and
adverse events reporting

For healthcare professionals only

Landmark legal challenge against PPE guidance and availability

24th April 2020 by PIP editor Leave a Comment

 

Dr Meenal Viz and Dr Nishant Joshi are challenging the lawfulness of the PPE guidance published by the Department of Health and Social Care and Public Health England and the Government’s failures to source such PPE domestically and from the EU.

 

Dr Viz is a clinical fellow in medicine and Dr Joshi is a GP trainee. They are both employed by the NHS. Both are British Asians and Dr Viz is pregnant. Both have been exposed to patients with COVID-19 and both are concerned that current PPE guidance and availability is inadequate to provide them with appropriate protection from infection.

 

They are challenging the guidance on the bases that:

 

  • It is not in line with the international standards set by the World Health Organisation or domestic legislation regarding health and safety at work.
  • It exposes healthcare workers to a greater risk of contracting COVID-19 and fails to address the greater risks faced by BAME healthcare workers.
  • It is unclear and has resulted in inconsistent practices across NHS Trusts.
  • It fails to make clear the level of risk faced by healthcare workers depending on the level of PPE they can access or that healthcare workers have a right to refuse to work without adequate PPE.
  • The guidance falls short of recommendations previously published by PHE.

 

On 17th April 2020, the guidance amended the list of aerosol-generating procedures to exclude cardiopulmonary resuscitation without consulting the Royal Colleges.

 

Bindmans have said they have sought an urgent review of the PPE guidance and have asked the Secretary of State to confirm that he is urgently taking appropriate steps to source PPE.

 

Because PPE guidance affects decisions made by NHS Procurement, NHS Employers and Health Education England (which has accepted that it is a second employer for junior doctors), they have been included as interested parties in this challenge and have been sent a copy of the pre-action letter, too.

 

Dr Joshi and Dr Viz, who are husband and wife, said:

 

“We are incredibly concerned at the ever-growing numbers of healthcare workers who are becoming seriously unwell and dying due to COVID-19. It is the government’s duty to protect its healthcare workers, and there is great anxiety amongst staff with regards to safety protocols that seem to change without rhyme or reason. Every time a healthcare worker becomes hospitalized with COVID-19, it exacts an extraordinary toll on our friends, family and colleagues. To sedate and ventilate your own colleague takes a mental toll on the entire workforce.

 

“The government owes an apology to these bereaved families, many of whom were unable to be with their loved ones in their dying moments. Their trauma and grief is unimaginable – we want to ensure that no other family has to endure this suffering.

 

“All we ask for is accountability from decision-makers, and that all evidence leading to these decisions should be published and transparent. We are doctors, we are nurses and we are healthcare workers – we will be there for you in your time of need. We will be there for your family. The government needs to protect us so that we can protect you.”

 

Basmah Sahib, Solicitor for Dr Viz and Dr Joshi, said:

 

“The NHS is the UK’s biggest employer. Almost all of us have a friend or loved one who is putting their life at risk to care for COVID-19 patients. The least they deserve is honesty, clear guidance and proper support from the Secretary of State to feel safe and protected at work. No healthcare worker should face disciplinary action just for requesting proper protective equipment. We hope the guidance will be brought up to the standards of the WHO and that hospitals will update their practices accordingly.”

 

Dr Viz and Dr Joshi are represented by Jamie Potter and Basmah Sahib of Bindmans LLP, Marc Willers QC of Garden Court Chambers and Estelle Dehon of Cornerstone Barristers.

 

Bindmans

 

 

 

Share this:

  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Related

Next article  FIP and WHO join forces to fight fake medicines problem

Filed Under: News Tagged With: Bindmans, Coronavirus, PPE

Register for our upcoming webinar and live Q&A

About PIP editor

Pharmacy in Practice is a UK pharmacy publication with its roots in Scotland.

Reader Interactions

Begin the discussion right here Cancel reply

Primary Sidebar

Categories

Follow Us

  • Twitter
  • LinkedIn
  • Facebook
  • Instagram
  • Twitter

PIP business directory

Letters to the editor

Letters to the editor

Pharmacists must leave their comfort zone for the sector to thrive

We need to talk about alcoholism in pharmacy

Admiration for community pharmacy in Scotland

Excessive accumulation of medication at home is common

More letters to the editor here...

Blogs

💊 PIP live pharmacy blog

Winter stresses must not ‘destabilise’ general practice

What is it like to depend on medicine to treat endometriosis?

Opinion

Why is pharmacy not integral to government mass vaccination plans?

Pharmacy Covid-19 vaccination involvement is a ‘no-brainer’

The great patient medication returns debacle

CPD Challenges

💊 CPD Challenge: How well do you understand pulmonary embolisms?

💊 CPD Challenge: Prescribing and dispensing clozapine

💊 CPD Challenge: Oral anticoagulants – Dabigatran

More CPD challenges here...

© 2021 · About Pharmacy In Practice · Site mantained by Mike

This site is for healthcare professionals, please confirm you are a healthcare professional to continue.

YES

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.
Pharmacy In Practice uses cookies, by continuing to use this site we will assume you are ok with that Find out more.