Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywRoger Winston mewngofnodwch a gadael i bawb wybod.

Policy on infecting patients with infections deceases

We're waiting for Roger Winston to read a recent response and update the status.

Dear Salisbury NHS Foundation Trust,

I have come across a case in the media involving Dr Helen Young, then employee of the trust, who, in my view grossly irresponsibly, came to work and had contact with patients while herself suffering from an infectios decease, namely common cold.
http://www.dailymail.co.uk/health/articl...

I was not able to find details of the case other than minimal details reported in the media.

Please provide the following information with regard to that case:
1. Particulars of case of the claimant
2. The defence filed with the court
3. Whether it was admitted or denied by the trust that Dr Helen Young was suffering from common cold while treating patients.
4. Whether it was admitted or denied by the trust that her infections was contagious. If your arguement was that the infection was not contagious please provide details of your arguement.
5. Whether it was adnitted or denied that the patient, on the basis of probabilty as opposed to beyong any doubt, has caugt the viral infection from Dr Helen Young. If it was denied please provide further details of the arguement used to deny this allegation.
6. Whether the trust has made any claims to the effect that even if causality of infection is proven (to the civil standard of proof) that nevertherless no compensation is due. If so what arguements have been used.

Has over the last years as the result of that case and a number of other cases (for example a recent jusdegement where reckless infection with herpes virus resulted in a GBH convction and a custodial sentence) the trust modified its policy and in particular whether the trust currently considers it acceptable for doctors (and other staff) to:
1. Be routinely (as opposed to life or death emergency sitations when cover is not availiable) seeing patients when suffering from cold?
2. Be routinely seeing patients when suffering from influenza?
3. Be routinely seeing patients when suffering from other highly contagious ilnesses? (Please provide a list of contagious ilnesses deemed acceptable to be suffering from while having personal (as opposed to telephone/email etc) patient contact. Please provide a list of contagious ilnesses deemed unacceptable to be suffering from while having personal (as opposed to telephone/email etc) patient contact. )

Yours faithfully,

Roger Winston

Freedom Of Information, Salisbury NHS Foundation Trust

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Freedom of Information Team
Salisbury NHS Foundation Trust
Tel: 01722 336262 ext 2816
E-mail: [Salisbury NHS Foundation Trust request email]

Disclosure under the Freedom of Information Act 2000
As a public authority, staff should be aware that, unless a valid exemption applies, all information held, including correspondence, may be considered for release following a request under the Freedom of Information Act 2000.

Julie Austin, Salisbury NHS Foundation Trust

Dear Sir

 

I am not able to provide you with the information that you have requested
in your recent email.

 

All claims against the Trust are managed by the NHS Litigation Authority
to whom such requests should be addressed.

 

Yours faithfully

 

Julie Austin

Head of Legal Services (solicitor)

Salisbury NHS Foundation Trust

DD: 01722 425 169

Block 24, SDH South – ext 2169

 

Dear Salisbury NHS Foundation Trust,

I am writing to request an internal review of Salisbury NHS Foundation Trust's handling of my FOI request 'Policy on infecting patients with infections deceases'. Please pass this on to the person who conducts Freedom of Information reviews. This should be a person independent from the person who made the original decision.

I wold urge you familairise with the relevant Information Comissioner's Office guidance before repplying to this request for an internal review as it appears that my request was hadled by a person not familiar with the guidance (as opposed to a person who tried to follow the guidance but made a decision on some point with which I do not agree). The guidance is available at: www.ico.org.uk

My request consisted of two parts:
1. Informatio about a particular legal claim that was made against the Trust
2. Current policy of the Trust with regard to acceptibility or otherwise of passing various infectious ilnesses (including common cold) to patients.

I received a reply that seems to imply that because all such litigation is handled by NHS Litigation Authority you do not hold the information and I should request it from NHS Litigation Authority . However:
1. The repply is ambigious as the statement made in the repply could be interpreted in many other ways. In particular, it could be interpreted as statement that while you have the infoirmation you would prefer not to disclose it and would prefer me to make a request to NHS Litigation Authority. It has many other possible interpretations.
2. Even when claim is handled by external solicitors or external bodies, solicitors and barristers can create and persue legal arguements but they can not invent facts of the case. Therefore even if external body is employed for the defence of a claim it would be unusual for defendant not to have any involvement in the case and posess no information with regard to the case.
3. Second part of my brequest is not about a particular legal case. It is about current policies that the Trust might or might not have. I would imagine in all circumstances the Trust and not NHS Litigation Authority is the appropriate authority to request information about the current policies of the Trust.

I therefore request that for each point of the two parts of the request you:
1. State explicitly whether you (Salisbury NHS Foundation Trust) hold information (or some of the information) requested or you do not hold any of the information requested.
2. If you state that you do not hold the information advise which body related to the Trust mght hold the information.
3. If you state that you do hold the information then either: a. provide the information, b. claim, with justification, a specific exemption presccribed by FOI act from the obligation to disclose that inmformation.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Roger Winston

Dear Salisbury NHS Foundation Trust,

I draw your attention that your repply to my internal review request is long overdue. Please provide a response within 7 days. Failure to provide a repply within 7 days will result in an appeal being made to the Information Comissioner.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Roger Winston

Freedom Of Information, Salisbury NHS Foundation Trust

Dear Mr Winston,

 

I have tried to locate receipt of your request for an internal review
dated 1st October 2017 to no avail. I have also contacted our Legal
Services, who provided the original reply but not as a Freedom of
Information request; they also have no receipt of your request for
internal review. However, from the link you have provided I have
identified your internal review letter and in reply to your questions (see
below), I provide the following reply:

 

"My request consisted of two parts:

1. Information about a particular legal claim that was made against the
Trust

2. Current policy of the Trust with regard to acceptability or otherwise
of passing various infectious illnesses (including common cold) to
patients.

 

I received a reply that seems to imply that because all such litigation is
handled by NHS Litigation Authority you do not hold the information and I
should request it from NHS Litigation Authority . However:

1. The reply is ambiguous as the statement made in the reply could be
interpreted in many other ways. In particular, it could be interpreted as
statement that while you have the information you would prefer not to
disclose it and would prefer me to make a request to NHS Litigation
Authority. It has many other possible interpretations.

2. Even when claim is handled by external solicitors or external bodies,
solicitors and barristers can create and pursue legal arguments but they
cannot invent facts of the case. Therefore even if external body is
employed for the defence of a claim it would be unusual for defendant not
to have any involvement in the case and possess no information with regard
to the case.

3. Second part of my request is not about a particular legal case. It is
about current policies that the Trust might or might not have. I would
imagine in all circumstances the Trust and not NHS Litigation Authority is
the appropriate authority to request information about the current
policies of the Trust.

 

I therefore request that for each point of the two parts of the request
you:

1. State explicitly whether you (Salisbury NHS Foundation Trust) hold
information (or some of the information) requested or you do not hold any
of the information requested.

2. If you state that you do not hold the information advise which body
related to the Trust might hold the information.

3. If you state that you do hold the information then either: a. provide
the information, b. claim, with justification, a specific exemption
prescribed by FOI act from the obligation to disclose that information."

 

Answers to:

Q1: All claims against the Trust are managed by the NHS Litigation
Authority to whom such requests should be addressed. This is Trust
procedure

Q2: As per answer to Q1

Q3: As this is not a Freedom of Information request, no exemption is
required.

 

In addition, you requested current policy of the Trust with regard to
acceptability or otherwise of passing various infectious illnesses
(including common cold) to patients

 

Answer: The Trust does not hold a policy which is relevant to this
subject; however, I provide the following link from our Trust website
which may be of assistance to you in your enquiry>
[1]http://icid/ClinicalManagement/Infection...

 

Regards

 

Steve

Steve Harris

Information Governance

Salisbury NHS Foundation Trust

Salisbury District Hospital

Odstock Road

Salisbury

SP2 8BJ

Tel: 01722 336262 extension 5921

Working Hours 0800 – 1600 Monday – Friday

If you are sending any confidential or sensitive data an @nhs.net email
address must be used by both parties.

Nhs.net email: [2][email address]

 

 

 

 

dangos adrannau a ddyfynnir

Freedom Of Information, Salisbury NHS Foundation Trust

5 Atodiad

Dear Mr Winston,

 

Salisbury NHS Foundation Trust has concluded an internal review regarding
your original request relating to a particular legal claim made against
the Trust, and for policies about the acceptability or otherwise of
passing infectious illnesses to patients.

 

Please find attached the following documents:

 

Attendance Management Policy and Procedure

Datix Screenshot 1 (Redacted)

Datix Screenshot 2 (Redacted)

Good Surgical Practice 2014

Good Medical Practice

Handling Concerns about the Conduct and Performance of Doctors and
Dentists

 

Regards,

 

Freedom of Information Team

 

[1][email address]

 

 

References

Visible links
1. mailto:[email address]

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywRoger Winston mewngofnodwch a gadael i bawb wybod.

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