Lord Janner child sex abuse claims ‘cannot go to court’ – The Guardian

Posted December 21st, 2015 in child abuse, elderly, fitness to plead, hospital orders, mental health, news by sally

‘The death of the former Labour peer Greville Janner almost certainly means that child sex allegations made against him will never be tested in a criminal court, according to legal experts.’

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The Guardian, 20th December 2015

Source: www.guardian.co.uk

Hospital sorry for ‘do not resuscitate’ order on Down’s syndrome patient – BBC News

Posted December 8th, 2015 in hospital orders, human rights, learning difficulties, news by sally

‘A hospital trust has apologised for placing a “do not resuscitate” (DNR) order on a patient with Down’s Syndrome – and listing his learning difficulties among the reasons for doing so.’

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BBC News, 8th December 2015

Source: www.bbc.co.uk

Mother Tania Clarence who killed children ‘overwhelmed’ – BBC News

‘A woman who killed her three children had become “overwhelmed” by their care up to four years before, a report said.’

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BBC News, 23rd November 2015

Source: www.bbc.co.uk

Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

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BBC News, 28th June 2015

Source: www.bbc.co.uk

Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

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Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

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Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

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BBC News, 17th June 2014

Source: www.bbc.co.uk

Twitter troll must not contact Rachel Riley and Chris Martin – BBC News

Posted June 2nd, 2014 in harassment, hospital orders, internet, malicious communications, news by sally

‘A man has been ordered not to contact Coldplay singer Chris Martin and Countdown presenter Rachel Riley after sending hundreds of abusive tweets.’

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BBC News, 31st May 2014

Source: www.bbc.co.uk

Regina (Wiltshire Council) v Hertfordshire County Council – WLR Daily

Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712;  [2014] WLR (D)  229

‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

How to be fair about transfer to Broadmoor – UK Human Rights Blog

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

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UK Human Rights Blog, 23rd February 2014

Source: www.ukhumanrightsblog.com

R (L) v West London Mental Health NHS Trust – WLR Daily

R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ;  [2014] WLR (D)  44

‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Judge rules that man in vegetative state should not be resuscitated if his condition deteriorates – The Independent

Posted December 5th, 2013 in Court of Protection, hospital orders, news by sally

‘A man in a vegetative state should not be resuscitated if his condition deteriorates, a High Court judge has ruled.’

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The Independent, 4th December 2013

Source: www.independent.co.uk

Family of devout Muslim in minimally conscious state lose right-to-life case – The Guardian

Posted November 14th, 2013 in hospital orders, human rights, Islam, news by tracey

“The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God.”

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The Guardian, 13th November 2013

Source: www.guardian.co.uk

New guidance on DNR orders brought forward – The Guardian

Posted June 21st, 2013 in doctors, health, hospital orders, news by tracey

“Medical bodies plan to publish updated guidance by end of year after deciding not to wait for conclusion of Janet Tracey case.”

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The Guardian, 21st June 2013

Source: www.guardian.co.uk

Terminally ill woman not consulted on hospital resuscitation order – The Guardian

Posted December 20th, 2012 in hospital orders, hospitals, medical treatment, news by tracey

“A terminally ill woman was not consulted before a notice instructing ‘do not resuscitate’ was placed with her medical records, a judge has found.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Addenbrooke’s resuscitation policy row goes to court – The Guardian

Posted November 6th, 2012 in consent, doctors, hospital orders, hospitals, news by sally

“The husband of a woman who died in Addenbrooke’s hospital, Cambridge, has claimed doctors ‘badgered’ her about agreeing to a ‘do not resuscitate’ order. David Tracey alleges two DNR notices were added to his wife Janet’s medical records without her knowledge or consent.”

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The Guardian, 5th November 2012

Source: www.guardian.co.uk

Widow jailed for harassing hospital managers over death of husband – Daily Telegraph

Posted September 7th, 2012 in harassment, hospital orders, news, restraining orders, sentencing by tracey

“A widow who subjected a hospital manger to a stalking ordeal during a campaign of revenge following the death of her husband has been jailed.”

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Daily Telegraph, 6th September 2012

Source: www.telegraph.co.uk