PERSONAL P ROT ECT ION EQUI PMENT
circumstances, as has the Royal College of Nursing. However, leaked information from one private hospital, and anonymous information provided to the media from other individuals, purports to blow the whistle that many are being threatened with disciplinary action if they refuse to work. Professional bodies may have the stated intention of robustly defending claims now, but the outcome of that intention being tested is yet another unknown. Individuals will ultimately need to make their own professional judgement, as will those employing them.
As well as those types of litigation, employers will most likely become involved in an increased number of inquests as a result of COVID-related deaths. If the medical cause of death is COVID-19, and there is no reason to suspect that any culpable human failure contributed to the death, an inquest will not be necessary.
Guidance provided by the Chief Coroner confirmed that COVID-19 related inquests would not examine systemic failures to provide PPE, but some press reporting inaccurately suggested that PPE would not form the basis of any investigation whatsoever by the Coroner. In fact, there will be circumstances in which a Coroner could certainly examine individual circumstances where the lack of provision of adequate
PPE in the workplace was a factor in an individual’s death. The COVID-19 pandemic has certainly shone a light on the urgent need for adequate provision of PPE. Let us hope that the opportunity to learn from that is not wasted.
References 1 Sky News, ‘Coronavirus: Husband and wife doctors suing government over PPE guidance’, 24 April 2020, accessed at:
https://news.sky.com/ story/coronavirus-doctors-launch-legal-action- over-governments-ppe-guidance-11977869
2 RCP, Statement on PHE advice on managing PPE shortages, 17 April 2020, accessed at: https://
www.rcplondon.ac.uk/news/statement-phe- advice-managing-ppe-shortages
3 RCN, ‘Half of nursing staff under pressure to work without PPE’, 18 APR 2020, accessed at: https://
www.rcn.org.uk/news-and-events/news/uk- covid-19-half-of-nursing-staff-under-pressure- to-work-without-ppe-180420
4 RCS, ‘Postcode lottery of PPE, survey of surgeons finds’, 12 April 2020, Accessed at: https://www.
rcseng.ac.uk/news-and-events/media-centre/ press-releases/postcode-lottery-of-ppe/
5 Good Law Project, accessed at: https://
goodlawproject.org/ppe-for-key-workers/
6 HSJ, ‘Government bans trusts from major PPE deals to stop them competing for scarce equipment’, 2 May 2020, accessed at: https://
www.hsj.co.uk/coronavirus/government-bans- trusts-from-major-ppe-deals-to-stop-them- competing-for-scarce-equipment/7027554. article
CSJ
*Amy Clarke is a barrister in the healthcare team at legal firm, 5 Essex Court
7 BMA, ‘COVID-19: refusing to treat where PPE is inadequate’, accessed at:
https://www.bma.org. uk/advice-and-support/covid-19/ppe/covid-19- refusing-to-treat-where-ppe-is-inadequate
OCTOBER 2020
WWW.CLINICALSERVICESJOURNAL.COM l
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©JAMIE CARROLL
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