The role of the law, in the matter of Ashya King – OUP Blog

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

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Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Too many are dying without dignity, health ombudsman warns – Daily Telegraph

Posted May 20th, 2015 in hospitals, medical treatment, news, ombudsmen by sally

‘The Parliamentary and Health Service Ombudsman’s report found ‘tragic’ cases of patients spending their last days in ‘unnecessary pain’.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

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Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

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Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

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Informed Consent – a new era? – 39 Essex Chambers

Posted April 29th, 2015 in consent, health, medical treatment, news, pregnancy, Supreme Court by sally

‘In a powerful, unanimous, 7 member-decision the Supreme Court has resolved, and possibly revolutionised, the issue of consent.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

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Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

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Access to justice a greater concern than free healthcare – poll – The Guardian

‘The public is more concerned about access to justice than free healthcare, according to a poll commissioned by lawyers campaigning to reverse cuts to legal aid.’

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The Guardian, 13th April 2015

Source: www.guardian.co.uk

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Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

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Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

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Bupa ad banned for implying private care is better for surviving cancer – The Guardian

‘An ad for Bupa has been banned for implying that cancer patients who receive private healthcare have a higher chance of survival.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

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Herbal doctors will not be regulated, despite pleas from Prince Charles – Daily Telegraph

Posted March 30th, 2015 in charities, health, medical treatment, news, regulations, royal family by sally

‘Despite lobbying from Prince Charles, health officials have decided there is not enough evidence herbal medicines work to justify regulating the ancient practices.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

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Transparency in the Court of Protection: press should be allowed names – UK Human Rights Blog

‘A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015). The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.’

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UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

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Infertility helped your career, NHS tells lawyer – Daily Telegraph

‘A high flying city lawyer, who was rendered infertile after NHS blunders, was told she was due less compensation as children would have hampered her career.’

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Daily Telegraph, 6th March 2015

Source: www.telegraph.co.uk

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Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

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Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

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Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

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Patient death payout by University Hospital of Wales – BBC News

Posted February 16th, 2015 in compensation, hospitals, medical treatment, negligence, news by sally

‘A patient’s family who blamed her death on medics’ failure to treat her following major heart surgery has received a compensation payout after taking the case to London’s High Court.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

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Judge refuses mother’s plea to treat terminally-ill son, saying he should be allowed to die – Daily Telegraph

Posted February 16th, 2015 in cancer, Court of Protection, doctors, families, medical treatment, news, young persons by sally

‘Court of Protection rules that specialists can lawfully stop providing chemotherapy to terminally-ill teenager.’

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Daily Telegraph, 14th February 2015

Source: www.telegraph.co.uk

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D v UK exception remains exceptional in medical treatment cases under Article 3 – UK Human Rights Blog

Posted February 6th, 2015 in human rights, immigration, medical treatment, news by sally

‘The Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states. Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases.’

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UK Human Rights Blog, 5th February 2015

Source: www.ukhumanrightsblog.com

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Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

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NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

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Children: Private Law Update (January 2015) – Family Law Week

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’

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Family Law Week, 28th January 2015

Source: www.familylawweek.co.uk

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