The end of a chapter – UK Human Rights Blog

Posted July 26th, 2017 in children, consent, hospitals, medical treatment, news, parental rights by sally

‘“A lot of things have been said, particularly in recent days, by those who know almost nothing about this case but who feel entitled to express opinions. Many opinions have been expressed based on feelings rather than facts.”

So said Francis J, when dealing with an unusual application by Great Ormond Street Hospital (Gosh) asking for an order, rather than a declaration, that Charlie Gard should be allowed to slip away quietly. The involvement of the White House, the Vatican, the Bambino Gesu Children’s Hospital in Rome and Dr. Hirano and the associated medical centre in the USA in this story demonstrates the fact that a mere declaration carries too much ambiguity to allow the hospital staff to do what the courts have approved.’

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UK Human Rights Blog, 25th July 2017

Source: ukhumanrightsblog.com

Judge who heard Charlie Gard case urges greater use of mediation – Local Government Lawyer

‘Mediation should be tried in all cases such as the recent dispute between Great Ormond Street Hospital and the parents of Charlie Gard, the High Court judge who heard the case has said.’

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Local Government Lawyer,25th July 2017

Source: www.localgovernmentlawyer.co.uk

Charlie Gard’s parents end legal battle as time runs out for critically ill baby – The Guardian

Posted July 25th, 2017 in children, health, medical treatment, news by sally

‘Charlie Gard’s parents have ended their legal fight for their critically ill baby to be flown to the US for experimental treatment, saying it was too late for the process to work.’

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The Guardian, 24th July 2017

Source: www.theguardian.com

Flesh-eating bug amputee who ‘slipped through A&E net’ to receive over £1m in damages – Daily Telegraph

Posted July 20th, 2017 in damages, delay, health, medical treatment, news by tracey

‘A father who lost a leg and fingers to a flesh-eating bug after he was “lost in the system” at a busy NHS hospital has won the right to million-pound damages.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

‘Ventilator error’ killed woman at Oxford hospice – BBC News

Posted July 13th, 2017 in hospitals, inquests, medical treatment, negligence, news by tracey

‘A 21-year-old woman with a rare disease died when staff at a hospice failed to replace part of her breathing tube, an inquest has heard.’

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BBC News, 12th July 2017

Source: www.bbc.co.uk

Law Pod UK Episode 5: Further ruling on NI abortion rights, Charlie Gard, and transgender in Ultra-Orthodox Jewish community – 1 COR

‘Sarah Jane Ewart and Rosalind English discuss the latest developments in access to abortion for Northern Irish women, the lessons to be learned from the Charlie Gard case, and the difficult decision that the courts had to reach when considering the best interests of children in an Ultra-Orthodox Jewish family, where the father had left the community as a transgender person.’

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Law Pod UK, 6th July 2017

Source: audioboom.com

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

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Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Charlie Gard’s parents say his life support will be withdrawn on Friday – The Guardian

Posted June 30th, 2017 in children, consent, medical treatment, news, parental rights by tracey

‘Charlie Gard, the critically ill baby at the centre of a protracted legal battle, is to have his life support withdrawn by a hospital on Friday, his parents have said.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Ian Paterson: Why have private patients not been compensated? – BBC News

Posted June 26th, 2017 in cancer, compensation, health, insurance, medical treatment, news, wounding by sally

‘Patients taking out private health insurance expect to get the best treatment, but what happens if things go wrong? While the NHS has paid out millions to the patients of disgraced breast surgeon Ian Paterson, his private patients are still seeking compensation. Why?’

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BBC News, 26th June 2017

Source: www.bbc.co.uk

European Court of Justice ruling could open floodgates for spurious vaccination claims – Daily Telegraph

‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Surrogacy Law / HFEA Update – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy judgments and the latest cases concerning administrative errors relating to consent forms and the HFEA.’

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Family Law Week, 21st June 2017

Source: www.familylawweek.co.uk

Charlie Gard: Strasbourg Court imposes another stay on Supreme Court ruling to consider parents’ arguments – UK Human Rights Blog

‘Following the Strasbourg Court’s request for interim measures for the UK – which means the hospital may not take Charlie Gard off life support as the Supreme Court has allowed it to do – the Supreme Court arranged a short hearing to take place Monday 19 June, to give directions. The Strasbourg Court has now put in place a further request that treatment and nursing care be continued beyond its original deadline of 19 June (see the press release from Strasbourg here: Gard and Others v. the UK) . This is because that Court has to consider the parents’ application that the case does not just concern Charlie’s right to die with dignity but their rights under Article 8 as his parents to be afforded respect for their decisions as to what is in Charlie’s interests.’

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UK Human Rights Blog, 20th June 2017

Source: ukhumanrightsblog.com

Life support must continue for baby at centre of legal battle – The Guardian

Posted June 20th, 2017 in children, courts, human rights, medical treatment, news by sally

‘Doctors have been told to continue providing life-support treatment to a terminally ill baby at the centre of a high-profile legal battle for another three weeks – to give judges at the European court of human rights time to analyse the case.’

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The Guardian, 19th June 2017

Source: www.theguardian.com

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment) – WLR Daily

Posted June 15th, 2017 in appeals, children, law reports, medical treatment by sally

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment)[2017] EWCA Civ 410

‘C, a child aged nine months, suffered from a rare inherited mitochondrial disease which led to dysfunction of several of his organ systems. His condition had progressed since his birth resulting in irreversible brain damage and an inability to move his arms or legs or to breathe unaided. His life expectancy was measured in months. His parents sought to obtain an alternative treatment, known as nucleoside therapy, that was available in the United States of America. The NHS trust which ran the hospital where C was treated applied pursuant to the inherent jurisdiction of the court for declarations that it was lawful and in C’s best interests for his artificial ventilation to be withdrawn, for his treating clinicians to provide him with palliative care only, and for him not to undergo nucleoside therapy. The judge granted the application and made the declarations sought, finding that the body of experienced medical opinion available to him, save for the doctor offering the nucleoside therapy, was unanimous to the effect that the prospect of nucleoside therapy having any benefit was effectively zero and would be futile. C’s parents sought permission to appeal on the grounds that (i) where parents put forward a viable treatment option for their child, that option could only be overriden by the court if it was established that the pursuit of that option was likely to cause the child to suffer “significant harm”, and the usual “best interests” test did not apply; and (ii) the judge had no jurisdiction to grant an order on the application of one clinical team preventing a second clinical team from carrying out a treatment that the latter had offered in the reasonable exercise of its professional judgment.’

WLR Daily, 24th May 2017

Source: www.iclr.co.uk

Charlie Gard given six day reprieve as European Court of Human Rights says doctors must keep sick baby alive – Daily Telegraph

‘A couple who want to take their terminally ill baby son to the USA for treatment have been given a six day reprieve as the European Court of Human Rights (ECHR) said that doctors must continue treating him.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk

European court to decide whether to hear more evidence on ill baby – The Guardian

Posted June 13th, 2017 in appeals, children, courts, human rights, medical treatment, news by sally

‘The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.’

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The Guardian, 13th June 2017

Source: www.theguardian.com

Doctors must continue to treat terminally ill baby, court rules – The Guardian

‘Doctors in London must continue to treat a terminally ill baby at the centre of a life-support legal battle until midnight on Tuesday, judges at the European court of human rights have said.’

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The Guardian, 9th June 2017

Source: www.theguardian.com

Alternative treatment for seriously ill child not in his best interests – UK Human Rights Blog

‘On Thursday 8 June the Supreme Court will be asked to grant permission to appeal in this case of a seriously ill 9 month old child whose parents wish to take him to the USA for experimental treatment that may slow his deterioration.’

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UK Human Rights Blog, 7th June 2017

Source: ukhumanrightsblog.com

British parents go to supreme court over sending sick baby to US – The Guardian

Posted June 1st, 2017 in appeals, children, medical treatment, news, Supreme Court by sally

‘The parents of a severely ill baby will take their legal battle to an emergency hearing at the supreme court next week in the hope of persuading judges that he should be treated in the US.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Mother asks court to permit doctors to cease care for ill daughter – The Guardian

Posted May 30th, 2017 in Court of Protection, euthanasia, families, medical treatment, news by sally

‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’

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The Guardian, 29th May 2017

Source: www.theguardian.com