Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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Law firm’s medical negligence advert “likely to cause distress to pregnant viewers” – Legal Futures

Posted November 12th, 2014 in advertising, medical treatment, negligence, news, pregnancy, regulations by tracey

‘The Advertising Standards Authority (ASA) has ruled that a TV medical negligence advert for Merseyside personal injury specialists Michael W Halsall Solicitors was “likely to cause undue distress to pregnant viewers”.’

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Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

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Foreign Office tells extradited grandfather to go back to US jail for vital medical treatment – Daily Telegraph

Posted November 10th, 2014 in bail, extradition, medical treatment, news by sally

‘Extradited British grandfather Paul Dunham told by Foreign Office it will not pay for urgent heart treatment – and that he should return to maximum security US jail for treatment.’

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Daily Telegraph, 9th November 2014

Source: www.telegraph.co.uk

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Dr Daniel Ubani wins costs from Cambridgeshire victim’s son – BBC News

‘A man whose father was killed by a lethal overdose from a doctor said he feels “physically sick” at the idea of paying the physician’s legal costs.’

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BBC News, 7th November 2014

Source: www.bbc.co.uk

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Mother cleared of poisoning teenager daughter with hormones supplied by Belgian doctor says case should be landmark for parents’ rights – The Independent

Posted October 31st, 2014 in children, medical treatment, medicines, mental health, news, parental rights, poisoning by sally

‘A mother cleared of poisoning her daughter after taking desperate measures to treat a chronic condition has said that the case should be used as a landmark for other parents finding care for their children outside the NHS.’

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The Independent, 30th October 2014

Source: www.independent.co.uk

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Ebola: When health workers’ duty to treat is trumped – BBC News

Posted October 30th, 2014 in doctors, duty of care, health, medical treatment, news, nurses, oaths, professional conduct by sally

‘The president of the World Bank has urged thousands of health workers to volunteer in the battle against Ebola, invoking their duty under their oath to help patients. But is there such an obligation? Medical ethicist Dr Daniel Sokol says we should expect some healthcare staff to refuse to go to work, wherever Ebola patients are being treated.’

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BBC News, 29th October 2014

Source: www.bbc.co.uk

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Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

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Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

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Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

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UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

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Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

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Boy should be taken off life-support, rules judge – BBC News

Posted October 1st, 2014 in children, families, hospitals, medical treatment, news by tracey

‘A boy with irreversible brain damage should be taken off a life-support machine despite the objections of his parents, a High Court judge has ruled.’

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BBC News, 30th September 2014

Source: www.bbc.co.uk

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Toddler’s virus death ‘not predictable,’ consultant says – BBC News

Posted September 26th, 2014 in children, inquests, medical treatment, news by tracey

‘The death of a toddler who died from a respiratory virus after seeing GPs 30 times could not have been prevented or predicted, his inquest heard.’

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BBC News, 25th September 2014

Source: www.bbc.co.uk

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Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 – No. 5 Chambers

Posted September 24th, 2014 in Court of Protection, health, medical ethics, medical treatment, news by sally

‘This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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Zack Hider inquest: Surgery ‘overdose’ caused baby’s death – BBC News

Posted September 16th, 2014 in inquests, medical treatment, medicines, news by tracey

‘A 19-day-old boy died after being given four times the solution needed to stop his heart during surgery, a coroner has ruled.’

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BBC News, 15th September 2014

Source: www.bbc.co.uk

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Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

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Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

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Gloria Foster inquest: ‘Neglect contributed to death’ – BBC News

Posted September 10th, 2014 in care workers, elderly, hospitals, inquests, medical treatment, medicines, news by sally

‘Neglect contributed to the death of an elderly woman found dying at home nine days after her care agency was shut in a police raid, a coroner has concluded.’

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BBC News, 10th September 2014

Source: www.bbc.co.uk

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

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Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

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