Woman awarded £27,000 after being given Caesarean without enough pain relief – The Independent

Posted February 11th, 2016 in birth, compensation, medical treatment, medicines, news by sally

‘A woman has been awarded £27,000 after a hospital began a Caesarean without giving her adequate pain relief.’

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The Independent, 10th February 2016

Source: www.independent.co.uk

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Judge orders caesarean if needed for mentally ill mother-to-be – The Guardian

Posted February 11th, 2016 in birth, Court of Protection, health, medical treatment, mental health, news by sally

‘A specialist judge has given doctors permission to perform a caesarean section to deliver the baby of a 21-year-old woman detained under mental health legislation.’

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The Guardian, 11th February 2016

Source: www.guardian.co.uk

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Narcolepsy boy wins £120k swine flu vaccine damages – BBC News

Posted February 3rd, 2016 in compensation, damages, disabled persons, medical treatment, news, statistics by sally

‘A boy with a rare sleeping illness caused by a swine flu vaccine has won £120,000 in damages.’

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BBC News, 3rd February 2016

Source: www.bbc.co.uk

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We must choose our words carefully when covering complex legal cases – The Guardian

Posted January 19th, 2016 in Court of Protection, media, medical treatment, mental health, news by sally

‘A recent case that caught the public’s attention shows how writers’ choice of words can, however unintentionally, create a misleading impression.’

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The Guardian, 18th January 2016

Source: www.guardian.co.uk

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Woman with late-stage MS dies after ruling to stop artificial feeding – The Guardian

Posted December 18th, 2015 in consent, Court of Protection, disabled persons, elderly, medical treatment, news by tracey

‘A woman in her late 60s who was “locked into the end stage” of multiple sclerosis has died about a month after a judge allowed medics to cease artificial feeding, lawyers say.’

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The Guardian, 18th December 2015

Source: www.guardian.co.uk

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The “socialite” who rejected life saving treatment – UK Human Rights blog

Posted December 4th, 2015 in consent, Court of Protection, medical treatment, news by tracey

‘King’s College Hospital NHS Foundation Trust v C and another [2015] EWCOP 80. A woman who suffered kidney failure as a result of a suicide attempt has been allowed to refuse continuing dialysis. The Court of Protection rejected the hospital’s argument that such refusal disclosed a state of mind that rendered her incapable under the Mental Capacity Act. An adult patient who suffers from no mental incapacity has an absolute right to choose whether to consent to medical treatment. Continuation of such treatment is unlawful, even if the refusal seems irrational to others.’

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UK Human Rights Blog, 3rd December 2015

Source: www.ukhumanrightsblog.com

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Woman who refused treatment after losing ‘sparkle’ dies – BBC News

Posted December 3rd, 2015 in anonymity, consent, health, medical treatment, news by tracey

‘A woman who rejected life-saving kidney treatment, saying she felt she had lost her “sparkle” and did not want to get old, has died, it has emerged.’

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BBC News, 3rd December 2015

Source: www.bbc.co.uk

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Court grants woman right to die after ‘losing her sparkle’ – The Guardian

‘Woman known as C is described as “impulsive and self-centred” but competent enough to refuse dialysis after destroying kidneys in suicide attempt.’

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The Guardian, 2nd December 2015

Source: www.guardian.co.uk

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Best interests, hard choices: The Baby C case – UK Human Rights Blog

‘Judgments in best interests cases involving children often make for heart-wrenching reading. And so it was in Bolton NHS Foundation Trust v C (by her Children’s Guardian) [2015] EWHC 2920 (Fam), a case which considered Royal College of Paediatrics and Child Health guidance, affirming its approach was in conformity with Article 2 and Article 3 ECHR. It also described, in the clearest terms, the terrible challenges facing C’s treating clinicians and her parents.’

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UK Human Rights Blog, 19th November 2015

Source: www.ukhumanrightsblog.com

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MS sufferer should be allowed to die, says judge in landmark ruling – The Guardian

Posted November 20th, 2015 in Court of Protection, euthanasia, medical treatment, news by tracey

‘A woman in the end stage of multiple sclerosis has been granted the right to die, in a landmark legal ruling.
The woman’s daughter had told how her mother was “completely incapacitated” and had asked Mr Justice Hayden to allow doctors to stop providing “clinically assisted nutrition and hydration”.’

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The Guardian, 19th November 2015

Source: www.guardian.co.uk

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Rebecca Kandare death: Parents jailed for malnourished baby killing – BBC News

‘The parents of a dying baby girl, who failed to seek urgent medical care for her because of their religious beliefs, have been jailed.’

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BBC News, 10th November 2015

Source: www.bbc.co.uk

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Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

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UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal castigates judge’s conclusion on deprivation of liberty – UK Human Rights Blog

‘This was an appeal against a ruling by Mostyn J in the Court of Protection concerning a consent order between an incapacitated woman, the appellant, and the local authority ([2015] EWCOP 13). The judge had held that the 52 year old appellant, who had been severely incapacitated following surgery, had not been subject to deprivation of liberty contrary to Article 5 of the European Convention on Human Rights by her 24 hour care package. In his view, the test for deprivation of liberty in Cheshire West and Chester Council v P [2014] UKSC 19 did not apply. In paragraph 17 of his judgment Mostyn J remarked that it was impossible to see how the protective measures in place for KW could linguistically be characterised as a “deprivation of liberty”. Quoting from JS Mill, he said that the protected person was “merely in a state to require being taken care of by others, [and] must be protected against their own actions as well as external injury”. At para 25, he said that he found that KW was not “in any realistic way being constrained from exercising the freedom to leave, in the required sense, for the essential reason that she does not have the physical or mental ability to exercise that freedom”.’

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UK Human Rights Blog, 21st October 2015

Source: www.ukhumanrightsblog.com

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Court of Protection upholds the right of a confused, lonely man to refuse treatment – UK Human Rights Blog

Posted October 16th, 2015 in consent, Court of Protection, medical treatment, mental health, news by sally

‘The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving amputation. This is an important judgement that respects an individual’s right to autonomy despite overwhelming medical evidence that it might be in his best interests to override his wishes. The judge declined to define the 73 year old man at the centre of this case by reference to his mental illness, but rather recognised his core quality is his “fierce independence” which, he accepted, was what Mr B saw as under attack.’

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UK Human Rights Blog, 13th October 2015

Source: www.ukhumanrightsblog.com

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Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

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Panopticon, 16th October 2015

Source: www.panopticonblog.com

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Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog

‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled.” ‘

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UK Human Rights Blog, 11th October 2015

Source: www.ukhumanrightsblog.com

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In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

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Judge rules it not unlawful to withdraw medical support from 11 year old – Local Government Lawyer

Posted October 8th, 2015 in children, medical treatment, news by sally

‘An NHS Trust has obtained a declaration from the High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping an 11-year-old boy alive.’

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Local Government Lawyer,

Source: www.localgovernmentlawyer.co.uk

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Judge rejects call to give life-saving treatment against opposition of patient – Local Government Lawyer

Posted October 1st, 2015 in appeals, consent, health, medical treatment, news by sally

‘A Court of Protection judge has ruled that it would be unlawful for an NHS trust to carry out life-saving treatment against the patient’s opposition.’
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Local Government Lawyer, 1st October 2015

Source: www.localgovernmentlawyer.co.uk

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Woman who grew cannabis to help dying husband gets community order – The Guardian

Posted September 25th, 2015 in cancer, community service, drug offences, medical treatment, news, sentencing by sally

‘A woman who grew cannabis worth £34,000 to extract hemp oil to act as a painkiller for her dying husband has been sentenced to an 18-month community order after a judge accepted she was not embroiled in a commercial enterprise.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

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