Ep 146: 5 Key Medical Law Updates – Law Pod UK

Posted July 1st, 2021 in chambers articles, consumer credit, medical treatment, news, podcasts by sally

‘Emma-Louise Fenelon speaks to Richard Mumford and Rajkiran Barhey about 5 key developments in medical law.’

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Law Pod UK, 30th June 2021

Source: audioboom.com

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Were Do Not Resuscitate Orders Illegally Placed on Disabled People? – Each Other

‘Throughout the pandemic, unlawful do not resuscitate orders (DNRs) were placed upon people in the United Kingdom. Did it unfairly target disabled patients?’

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Each Other, 22nd June 2021

Source: eachother.org.uk

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

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UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

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Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Contaminated blood inquiry: Matt Hancock to give evidence – BBC News

‘he health secretary will face questions about compensation for victims of the contaminated blood scandal on Friday afternoon.’

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BBC News, 21st May 2021

Source: www.bbc.co.uk

Parents seek second inquest into baby’s hospital death – BBC News

‘The parents of a baby who died after medical errors are to push for a new inquest into his death, after they say a “cruel” inquest denied them justice.’

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BBC News, 14th May 2021

Source: www.bbc.co.uk

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

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Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Pippa Knight: Judge rules doctors can withdraw care – BBC News

Posted April 30th, 2021 in children, disabled persons, doctors, families, medical treatment, news by tracey

‘A High Court judge has given doctors permission to end the life of a brain-damaged six-year-old girl at the centre of a long-running treatment fight.’

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BBC News, 30th April 2021

Source: www.bbc.co.uk

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

NHS trust pleads guilty after ‘wholly avoidable’ death of week-old baby – The Guardian

Posted April 20th, 2021 in birth, hospitals, medical treatment, news, prosecutions by sally

‘A hospital trust has pleaded guilty to a criminal charge brought by the NHS regulator over failings in care that led to the death of a newborn boy at just seven days old.’

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The Guardian, 19th April 2021

Source: www.theguardian.com

Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021

Source: www.mills-reeve.com

High Court Rules Parents Can Consent to Puberty Blockers On Their Child’s Behalf – Each Other

‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’

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Each Other, 31st March 2021

Source: eachother.org.uk

Dawn Sturgess novichok death inquest to look at role of Russian state – The Guardian

Posted March 31st, 2021 in inquests, intelligence services, medical treatment, news, poisoning, Russia by tracey

‘The role the Russian state played in the death of a Wiltshire woman who was poisoned with the nerve agent novichok is to be investigated in detail at her inquest. Heather Hallett said she would carry out a “fearless” inquiry into the death of Dawn Sturgess including digging into who directed the operation to bring novichok into the UK.’

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The Guardian, 30th March 2021

Source: www.theguardian.com

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

Covid-19: Concern over ‘do not resuscitate’ decisions during pandemic – BBC News

Posted March 18th, 2021 in consent, coronavirus, families, hospitals, medical treatment, news, reports by sally

‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’

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BBC News, 18th March 2021

Source: www.bbc.co.uk

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk