Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

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UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

No broadening of Article 3 test in health cases – Free Movement

Posted February 5th, 2015 in appeals, health, human rights, immigration, news by sally

‘Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.’

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Free Movement, 4th February 2015

Source: www.freemovement.org.uk

Philip Phillips wins rights to damages after heart attack – BBC News

Posted February 5th, 2015 in damages, doctors, health, negligence, news by sally

‘A man who had heart failure hours after a GP examination has won the right to a substantial High Court damages payout.’

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BBC News, 4th February 2015

Source: www.bbc.co.uk

ASA bans advert implying vitamin pills could help women conceive – The Guardian

Posted February 4th, 2015 in advertising, complaints, consumer protection, food, health, news, pregnancy, regulations by sally

‘An advert for a vitamin supplement designed for women trying to conceive has been banned after the regulator ruled there was no proof that the product could increase the likelihood of pregnancy.’

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The Guardian, 4th February 2015

Source: www.guardian.co.uk

Cigarette package law to be voted on by MPs before election – BBC News

Posted January 22nd, 2015 in bills, health, news, smoking by sally

‘A law introducing plain cigarette packaging in England could come into force in 2016 after ministers said MPs would be asked to vote on the plan before May’s general election.’

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BBC News, 22nd January 2015

Source: www.bbc.co.uk

Victims of contaminated NHS blood launch legal case – BBC News

Posted January 15th, 2015 in blood products, compensation, disability discrimination, health, news, reports by sally

‘Three men who contracted hepatitis C from contaminated imported blood have begun a legal case in the UK to challenge the compensation scheme.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

Toddler who survived abortion is ‘little miracle’ – Daily Telegraph

Posted January 14th, 2015 in abortion, children, custody, families, health, medical treatment, news, pregnancy by tracey

‘A baby boy who survived a late abortion carried out because his mother’s life was in danger has been described as a “little miracle” by a judge.

Details of the boy’s survival emerged in a Family Court judgment which concluded that the boy should live with his father’s family as his mother said she was unable to look after him.’

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Daily Telegraph, 13th January 2015

Source: www.telegraph.co.uk

The Law and Artificial Intelligence – BBC Unreliable Evidence

‘Clive Anderson ask how our legal system will cope in a fast-approaching world of autonomous cars, care-bots and other machines using artificial intelligence to make judgments normally made by humans.’

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BBC Unreliable Evidence, 7th January 2015

Source: www.bbc.co.uk

Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) – Supreme Court

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) [2014] UKSC 68 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

Three parent babies given green light by government – Daily Telegraph

Posted December 18th, 2014 in assisted reproduction, bills, health, news by sally

‘Parliament will now vote on whether to allow a change in legistlation which would see the first three parent babies born by 2016.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

Managing mental health issues – Hardwicke Chambers

Posted December 11th, 2014 in employment, equality, health, mental health, news, sick leave by sally

‘In 2006, it was estimated that 35% of all GP consultations involved a mental health problem and by 2011 stress had become the most common cause of long-term sickness absence for both manual and non-manual workers. If these figures are not reason enough for employers to address their employees’ mental health issues, there are plenty more statistics that may convince them:

It is estimated that three in ten people will experience a mental health problem in any one year, and this figure is likely to increase.
Work-related stress costs Britain 10.4 million working days per annum, with a disconcerting 91 million days per year lost to mental health problems generally.
The Centre for Mental Health estimates that the total cost of mental health problems at work is over £30 billion a year.
When working long hours, more than a quarter of employees feel depressed (27%), one third feel anxious (34%) and more than half feel irritable (58%).’

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Hardwicke Chambers, 11th December 2014

Source: www.hardwicke.co.uk

Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

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Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

Vestergaard – creating another buzz – RPC IP Hub

Posted December 8th, 2014 in damages, health, intellectual property, news by sally

‘This long-running case has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.’

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RPC IP Hub, 4th December 2014

Source: www.rpc.co.uk

Weight-loss ad featuring ex-Coronation Street star Denise Welch banned – The Guardian

Posted December 3rd, 2014 in advertising, health, news, obesity, regulations by sally

‘An advert for the weight loss programme LighterLife featuring former Coronation Street and Loose Women star Denise Welch has been banned after the actor lost weight more quickly than regulations deem to be safe.’

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The Guardian, 3rd December 2014

Source: www.guardian.co.uk

Mother in High Court challenge against NHS ombudsman – BBC News

Posted December 2nd, 2014 in cancer, complaints, health, medical records, news, ombudsmen by sally

‘The mother of a young woman who died in hospital is challenging the Parliamentary and Health Services Ombudsman (PHSO) in the High Court.’

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BBC News, 2nd December 2014

Source: www.bbc.co.uk

Hospital had no plan to tackle autistic woman’s weight gain, coroner rules – The Guardian

Posted November 25th, 2014 in autism, health, hospitals, inquests, news, obesity by sally

‘A 25-year-old woman with severe autism died in a secure hospital after staff allowed her weight to balloon to 25 stone as she sat alone for years in a padded room, a coroner has ruled.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

Terminally ill woman sues over cancer diagnosis delay – BBC News

Posted November 25th, 2014 in cancer, delay, duty of care, health, news, Wales by sally

‘A terminally ill woman who claims a hospital did not treat her suspected cancer as urgent has launched legal action against a health board.’

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BBC News, 24th November 2014

Source: www.bbc.co.uk

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

NHS ombudsman ‘failing families’ – BBC News

Posted November 18th, 2014 in complaints, health, news, ombudsmen, reports by sally

‘The NHS ombudsman – the independent service that investigates patients’ complaints – is “wholly ineffective and failing families”, warns a charity.’

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BBC News, 18th November 2014

Source: www.bbc.co.uk