Barnsley hospital patient should be allowed to die, says judge – BBC News

‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

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Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

Who gets the ventilator? Important legal rights in a pandemic – Blackstone Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, hospitals, medical treatment, news by sally

‘COVID-19 is a highly contagious infection with no proven treatment. Approximately 2.5% of patients need mechanical ventilation while their body fights the infection.1 Once COVID-19 patients reach the point of critical illness where ventilation is necessary, they tend to deteriorate quickly. During the pandemic, patients with other conditions may also present at the hospital needing emergency ventilation. But ventilation of a COVID-19 patient can last for 2–3 weeks. Accordingly, if all ventilators are in use, there will not be time for patients to ‘queue up’ to wait for those who arrived earlier to recover. Those who need a ventilator will die if they do not receive access to one quickly.’

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Blackstone Chambers, 14th May 2020

Source: coronavirus.blackstonechambers.com

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog

‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’

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UKSC Blog, 11th May 2020

Source: ukscblog.com

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

The Frontline Doctors Challenging The Government’s Handling Of Covid-19 – Each Other

‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’

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Each Other, 28th April 2020

Source: eachother.org.uk

Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 28th, 2020 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’

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UKSC Blog, 27th April 2020

Source: ukscblog.com

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

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The Guardian, 25th April 2020

Source: www.theguardian.com

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Possessions, Covid-19 and the Decision in UCL Hospitals NHS Foundation Trust v MD – 4 King’s Bench Walk

‘The spread of the coronavirus has caused disruption to our lives and the operation of society in ways that the vast majority of us have never experienced in our lifetime. The drastic measures adopted by the Government in response to the rapid spread of the disease, including putting the country into “lockdown”, required numerous amendments to be made to existing laws; this included those concerning residential and business tenancies and, more specifically, the rules relating to the eviction of tenants. The amendments increase the protections for tenants during the crisis.’

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4 King's Bench Walk, 22nd April 2020

Source: www.4kbw.co.uk

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

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