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The Care Quality Commission (CQC) has been unable to prosecute a hospital in connection with a patient's death due to a legal loophole.
The patient, identified as Ruth, died after the CQC had already flagged concerns about the hospital's standards.
The CQC stated that even if the legal loophole did not exist, there may not have been enough evidence to prosecute.
The hospital, now under the ownership of Active Care Group, was acquired in December 2021.
Active Care Group has stated that the hospital suffered from 'years of well-documented mismanagement' before their acquisition.
Since taking over, the company claims to have made 'significant investments in staff training, recruitment and hospital estate.' They also claim to have achieved '100 per cent good or outstanding ratings from the CQC over the past 12 months.' The case highlights a significant issue in the healthcare regulatory system, where legal and procedural barriers can prevent accountability for patient harm.
The inability to prosecute despite pre-existing concerns raises questions about the effectiveness of current regulations and the protection of vulnerable patients.
The family of the deceased patient is seeking answers, and the case has drawn attention to the need for a review of the laws governing healthcare regulation.
The CQC is under pressure to explain why the hospital was not held accountable, while Active Care Group is defending its record since acquiring the facility.
The outcome of this case could lead to a change in the law to prevent similar situations from happening in the future.




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