Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

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UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

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Judge to decide treatment of two-year-old disabled boy who ‘no longer giggles’ – The Independent

Posted April 27th, 2016 in children, disabled persons, doctors, medical treatment, news by sally

‘Specialists have told a High Court judge that their treatment of a “profoundly neurologically disabled” two-year-old boy who they say no longer giggles when tickled and is “largely unresponsive” should be limited to palliative care.’

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The Independent, 27th April 2016

Source: www.independent.co.uk

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Woman who died after ‘losing sparkle’ cannot be named, court rules – The Guardian

‘The court of protection has declined to name a 50-year-old woman who died after refusing life-saving kidney treatment because she said life had lost its “sparkle”.’

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The Guardian, 25th April 2016

Source: www.guardian.co.uk

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Legal threat sees NHS England review decision-making on HIV treatment – Local Government Lawyer

Posted April 25th, 2016 in HIV, local government, medical treatment, news by sally

‘NHS England is to review its plans to end its decision-making process over whether to make the HIV prevention drug PrEP (Pre-exposure prophylaxis) available.’

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Local Government Lawyer, 21st April 2016

Source: www.localgovernmentlawyer.co.uk

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Health Executive of Ireland v Z and others – WLR Daily

Health Executive of Ireland v Z and others [2016] EWHC 784 (Fam)

‘The applicant sought and obtained an order in the Irish High Court authorising the treatment in a specialist unit in an English hospital of an Irish child aged 15 who had developed a very serious eating disorder and who required treatment which could not be provided in her home country. Her doctors, supported by her parents but against her wishes, made arrangements for her to be admitted and treated in a specialist unit in an English hospital which was able to provide the treatment required. The applicant applied to the English High Court for an order, under the inherent jurisdiction of the court, for recognition and enforcement of the Irish High Court order. At an initial hearing the court made an interim emergency order under inherent jurisdiction permitting the child’s emergency admission for treatment in the hospital in England. At a further hearing on notice a number of issues arose for determination, including whether article 1 of Council Regulation (EC) No 2201/2003 (“the Regulation”) applied to the case, whether the court had power under its inherent jurisdiction to make an interim emergency order for the recognition and enforcement of the Irish High Court order pending an application under FPR Pt 31, whether recognition should be refused on any of the grounds set out in article 23 of the Regulation, and whether the child should be represented in the proceedings.’

WLR Daily, 8th April 2016

Source: www.iclr.co.uk

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Material Contribution and Williams – Hardwicke Chambers

Posted March 22nd, 2016 in appeals, medical treatment, negligence, news, Privy Council by sally

‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’

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Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

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NHS blood contamination victims hit out at ‘reforms’ which cost them up to £7,000 a year – The Independent

Posted March 21st, 2016 in blood products, compensation, consultations, health, HIV, medical treatment, news, victims by tracey

‘Victims of the worst contaminated blood scandal in the NHS’s history say they have been betrayed by the Government after plans were revealed to reduce their annual payouts. About 5,000 people – many of them haemophiliacs – who were infected with HIV, hepatitis C or both after receiving infected blood in the 1970s and 1980s, have been sent letters from the Department of Health asking for their views on “reforms” that will leave them up to £7,000 a year worse off.’

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The Independent, 21st March 2016

Source: www.independent.co.uk

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Court rules four children must have vaccines after mother objects – The Guardian

Posted March 18th, 2016 in children, consent, Islam, medical treatment, news by tracey

‘A family court judge has ruled that four children must be immunised after their Muslim mother refused consent because she said vaccines contained pork gelatine.’

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The Guardian, 17th March 2016

Source: www.guardian.co.uk

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Man given vasectomy by mistake after complaining about waiting times – Daily Telegraph

‘A hospital doctor who gave a man a vasectomy by mistake after he complaint about waiting for another procedure has admitted misconduct charges.’

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Daily Telegraph, 16th March 2016

Source: www.telegraph.co.uk

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Abortion, mental incapacity and prior intentions: Court of Protection Clarifies the law – UK Human Rights Blog

Posted February 26th, 2016 in abortion, consent, Court of Protection, domestic violence, medical treatment, news by tracey

‘An NHS Trust v CS (By Her Litigation Friend, the Official Solicitor) ] EWCOP. The Court of Protection does the work of Solomon on a daily basis. Matters of life and death are brought before it, and with them come a mass of conflicting rights, overlapping statutes, and an array of case law from which arguments can be drawn. At the end of it, an individual judge must make a stark decision, which may have the most profound impact on another human being. One of those charged with making such decisions once divided the advocates who appeared before him into those who complicate and those who clarify. There is no surprise as to which he preferred.’

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UK Human Rights Blog, 26th February 2016

Source: www.ukhumanrightsblog.com

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Allow Huntington’s disease sufferer to die, judge rules – The Guardian

Posted February 15th, 2016 in consent, food, health, medical treatment, news by sally

‘A man in his 30s who is in the advanced stages of Huntington’s disease and repeatedly pulls out a feeding tube attached to his stomach should be allowed to die, a judge has ruled.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

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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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