Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Government backs Martha’s rule on right to second medical opinion in England – The Guardian

Posted September 14th, 2023 in children, doctors, hospitals, medical treatment, news, opinions by sally

‘The health secretary, Steve Barclay, has announced the government is committed to bringing in “Martha’s rule” in England, making it easier for patients and their families to get a second medical opinion if they believe their concerns are not being taken seriously by medical staff.’

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The Guardian, 14th September 2023

Source: www.theguardian.com

Sister of roofer left in coma after pub fight accuses High Court of ‘playing god’ with his life – The Independent

Posted September 13th, 2023 in bereavement, doctors, families, medical treatment, news by sally

‘The sister of a roofer on life support has begged doctors to give him more time after the family lost a High Court bid to keep him alive.’

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The Independent, 13th September 2023

Source: www.independent.co.uk

MPs to investigate sexual harassment of female surgeons – BBC News

‘MPs will investigate the sexual harassment and sexual assault of female surgeons taking place within the NHS.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Bristol Spire Hospital widens investigation into mesh surgeon – BBC News

Posted September 11th, 2023 in consent, doctors, hospitals, medical treatment, news by sally

‘A hospital’s review of mesh operations by a surgeon who left dozens of patient in agony is now looking into another type of procedure he carried out.’

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BBC News, 11th September 2023

Source: www.bbc.co.uk

‘Martha’s rule’: ministers consider law to give right to second medical opinion – The Guardian

Posted September 5th, 2023 in bills, children, doctors, hospitals, medical treatment, news, opinions by sally

‘Ministers are considering introducing Martha’s rule in England to make it easier for patients and their families who believe their concerns are not being taken seriously by medical staff to get a second medical opinion.’

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The Guardian, 4th September 2023

Source: www.theguardian.com

Doctor Knows Best – Supreme Court Clarifies “Professional Practice Test” – Parklane Plowden Chambers

‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’

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Parklane Plowden Chambers, 14th July 2023

Source: www.parklaneplowden.co.uk

Departing from Guidelines and Balancing of Risks in Different Medical Settings – QMLR

Posted September 1st, 2023 in chambers articles, doctors, medicines, negligence, news, personal injuries by sally

‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient? – QMLR

Posted August 3rd, 2023 in cancer, chambers articles, contribution, doctors, negligence, news by sally

‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by sally

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

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Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Junior doctor jailed for running a dark web site which shared indecent images of children – Crown Prosecution Service

‘A NHS junior doctor who worked with elderly patients has today been jailed for his role in a dark web chat site dedicated to sharing indecent images of children.’

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Crown Prosecution Service, 23rd June 2023

Source: www.cps.gov.uk

Warnings over NHS data privacy after ‘stalker’ doctor shares woman’s records – The Guardian

‘The confidentiality of NHS medical records has been thrown into doubt after a “stalker” hospital doctor accessed and shared highly sensitive information about a woman who had started dating her ex-boyfriend, despite not being involved in her care.’

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The Guardian, 14th May 2023

Source: www.theguardian.com

Independent review of NHS Tayside over disgraced surgeon Sam Eljamel – BBC News

‘Health Secretary Michael Matheson is launching an independent review of NHS Tayside in relation to disgraced former head of neurosurgery Sam Eljamel.’

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BBC News, 20th April 2023

Source: www.bbc.co.uk

Rogue breast cancer surgeon Ian Paterson ‘linked to 650 deaths’ – Daily Telegraph

Posted April 17th, 2023 in cancer, doctors, imprisonment, medical treatment, news, sentencing, wounding by sally

‘Victims of a rogue breast cancer surgeon have called for a change in the law after it was reported that he may be linked to up to 650 deaths.’

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Daily Telegraph, 16th April 2023

Source: www.telegraph.co.uk

Covid and Free Speech in the High Court – UK Human Rights Blog

Posted April 11th, 2023 in coronavirus, doctors, freedom of expression, news, vaccination by sally

‘On 5 April 2023 the High Court handed down judgment in Adil v General Medical Council [2023] EWHC 797 (Admin). The case examined the extent to which a professional regulator can interfere with the right to freedom of expression of an individual subject to its regulation, as well as the circumstances in which the Court should accept challenges to decisions made by regulators in the performance of their duties. It is the first case decided by the High Court concerning anti-vaccination statements made by a doctor in relation to the COVID-19 pandemic, and the actions of the General Medical Council (“GMC”) in response.’

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UK Human Rights Blog, 11th April 2023

Source: ukhumanrightsblog.com

Transgender children GP: Helen Webberley wins suspension appeal – BBC News

‘A GP offering treatment for transgender patients online has won a High Court appeal against her suspension as a doctor and can now work again.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Missed contraceptive coil left woman unable to have children – BBC News

Posted March 17th, 2023 in compensation, doctors, medical treatment, negligence, news, pregnancy by sally

‘A woman was denied the chance to have children with her husband after a contraceptive coil was accidentally left in place for 29 years.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Judge jails fake NHS psychiatrist and criticises ‘abject failure of scrutiny’ – The Guardian

Posted March 1st, 2023 in doctors, fraud, hospitals, imprisonment, news, psychiatrists, sentencing by sally

‘A bogus psychiatrist who practised in the NHS for 22 years with a fake degree has been jailed, as a judge criticised medical authorities for an “abject failure of scrutiny”.’

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The Guardian, 28th February 2023

Source: www.theguardian.com

Judges urged to call out role of lawyers in “layering” PI claims – Legal Futures

Posted February 23rd, 2023 in doctors, expert witnesses, fraud, news, personal injuries, solicitors by sally

‘The ruling of a district judge highlighting apparent collusion between solicitors, medical experts and others in inflating a personal injury claim is an important landmark in the fight against fraud, the defendant lawyer involved has argued.’

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Legal Futures, 23rd February 2023

Source: www.legalfutures.co.uk