‘This is the first of two posts by David Gollancz, a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification. This first post concerns the treatment of trans parents. The second post will deal with the position of the offspring of gamete donation.’
UK Human Rights Blog, 16th December 2020
Source: ukhumanrightsblog.com
‘Ministers have been told they must “stamp out” a “normal” birth ideology in NHS maternity services that puts babies and mothers lives at risk. The call came after an inquiry report into poor care at the Shrewsbury and Telford Hospital Trust found many women were medicated and forced to endure traumatic births with some being denied caesarean sections in order to keep rates low.’
The Independent, 10th December 2020
Source: www.independent.co.uk
‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘An independent panel investigating two maternity units in south Wales where a series of failings may have put the lives of mothers and babies at risk is looking into the care given to 150 women, it emerged on Monday.’
The Guardian, 28th September 2020
Source: www.theguardian.com
‘Hundreds more cases are to be reviewed by an independent inquiry into maternity care at an NHS trust, BBC News has learned.’
BBC News, 10th July 2020
Source: www.bbc.co.uk
‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’
Parklane Plowden Chambers, 30th June 2020
Source: www.parklaneplowden.co.uk
‘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.’
The Guardian, 1st July 2020
Source: www.theguardian.com
‘The prison service has launched an investigation following the death of a baby in prison, the Guardian has learned.’
The Guardian, 19th June 2020
Source: www.theguardian.com
‘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.’
No. 5 Chambers, 8th June 2020
Source: www.no5.com
‘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.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
‘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.’
Transparency Project, 10th May 2020
Source: www.transparencyproject.org.uk
‘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.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘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).’
Park Square Barristers, 16th April 2020
Source: www.parksquarebarristers.co.uk
‘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.’
Transparency Project, 23rd February 2020
Source: www.transparencyproject.org.uk
‘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.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
‘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.’
UK Human Rights Blog, 14th February 2020
Source: ukhumanrightsblog.com
‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’
Daily Telegraph, 14th February 2020
Source: www.telegraph.co.uk
‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’
The Guardian, 13th February 2020
Source: www.theguardian.com
‘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.’
Parklane Plowden Chambers, 27th January 2020
Source: www.parklaneplowden.co.uk
‘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.’
Transparency Project, 2nd February 2020
Source: www.transparencyproject.org.uk
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