Woman loses legal challenge to NHS charges for pregnant migrants – The Guardian

Posted July 2nd, 2020 in birth, immigration, judicial review, medical treatment, news, pregnancy, repayment by tracey

‘A woman who faces decades of repayments to the NHS for maternity care has lost a case in the high court challenging the government’s healthcare charging regime for migrants.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Death of baby in Cheshire prison prompts investigation – The Guardian

Posted June 22nd, 2020 in birth, death in custody, news, pregnancy, prisons by sally

‘The prison service has launched an investigation following the death of a baby in prison, the Guardian has learned.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

MEF v St George’s Healthcare NHS Trust – No. 5 Chambers

Posted June 11th, 2020 in birth, costs, hospitals, negligence, news, personal injuries, time limits by sally

‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

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Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

Baby deaths scandal ‘could be one of largest in history of NHS’ – The Guardian

‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Clinical Negligence: Birth Injury Claim – Park Square Barristers

‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’

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Park Square Barristers, 16th April 2020

Source: www.parksquarebarristers.co.uk

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Pitfalls in Clinical Negligence Claims: A Case Study – Hailsham Chambers

‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’

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Hailsham Chambers, 13th February 2020

Source: www.hailshamchambers.com

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

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Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

Review launched into East Kent NHS trust after baby deaths – The Guardian

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

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The Guardian, 13th February 2020

Source: www.theguardian.com

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB) – Parklane Plowden Chambers

Posted February 6th, 2020 in birth, causation, hospitals, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

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Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB). – Parklane Plowden Chambers

Posted January 28th, 2020 in birth, causation, negligence, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

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Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.co.uk

East Kent hospitals: Care watchdog inspects trust after baby death apology – BBC News

‘England’s care watchdog has carried out a no-notice inspection of an NHS trust at the centre of concerns over the possible preventable deaths of babies.’

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BBC News, 24th January 2020

Source: www.bbc.co.uk

East Kent hospitals: Baby deaths ‘could have been prevented’ – BBC News

Posted January 23rd, 2020 in birth, hospitals, inquests, news, pregnancy by tracey

‘At least seven preventable baby deaths may have occurred at one of the largest groups of hospitals in England since 2016, a BBC investigation has found.’

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BBC News, 23rd January 2020

Source: www.bbc.co.uk

NHS maternity scandal: Inquiry into baby deaths now looking at 900 cases – Daily Telegraph

Posted January 16th, 2020 in birth, hospitals, inquiries, news, pregnancy by sally

‘The inquiry into Britain’s worst maternity scandal is now reviewing 900 cases, a health minister has confirmed.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

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KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

Family’s legal fight against hospital over brain injury baby – BBC News

Posted December 18th, 2019 in birth, children, families, hospitals, medical treatment, news by sally

‘The father of a brain-damaged baby boy has urged a hospital not to “rush” a decision to end his life support.’

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BBC News, 17th December 2019

Source: www.bbc.co.uk