Extracting Informed Consent – Quarterly Medical Law Review

Posted November 19th, 2024 in causation, chambers articles, consent, dentists, medical treatment, news by tracey

‘Winterbotham v Shahrak [2024] EWHC 2633 (KB). In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was referred to the Defendant’s practice.’

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Quarterly Medical Law Review, 18th November 2024

Source: 1corqmlr.com

Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, Court of Protection, medical treatment, mental health, news by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by tracey

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

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UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – Quarterly Medical Law Review

Posted November 5th, 2024 in medical treatment, news, personal injuries, vicarious liability, witnesses by tracey

‘A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB).’

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Quarterly Medical Law Review , 28th October 2024

Source: 1corqmlr.com

Trans children’s charity told to rewrite guidance on puberty blockers – The Guardian

‘A charity supporting gender-questioning young people has been told to rewrite its guidance about the risks of puberty blockers, after a two-year Charity Commission investigation, which also concluded that there had been mismanagement within the organisation. However, the investigation found that the charity, Mermaids, had appropriate safeguarding policies in place and there was no evidence that it provided medical advice to children, which would have been outside its remit.’

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The Guardian, 24th October 2024

Source: www.theguardian.com

Novichok inquiry latest: Probe opens into poisoning of Dawn Sturgess via nerve agent in Salisbury – The Independent

‘The public inquiry into the death of Dawn Sturgess, who died in the Salisbury Novichok poisonings, is set to open on Monday.’

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The Independent, 14th October 2024

Source: www.independent.co.uk

Widower hopes for answers as surgeon inquests loom – BBC News

‘Catherine Coyne’s death is one of 62 being investigated, external in inquests opening in Birmingham into deaths of Paterson’s patients.

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Lucy Letby: Experts tell BBC about medical evidence concerns – BBC News

Posted October 1st, 2024 in children, evidence, expert witnesses, hospitals, medical treatment, murder, news, nurses by tracey

‘Senior doctors and scientists have told the BBC they have concerns about how crucial evidence was presented to the jury at Lucy Letby’s trials.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

Mother wins decade-long battle for more than £10m over botched operation on child at NHS hospital – The Independent

‘A mother has won a 12-year battle for compensation against an NHS hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.’

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The Independent, 25th September 2024

Source: www.independent.co.uk

Coroner issues anaesthetic warning after death – BBC News

Posted September 3rd, 2024 in hospitals, inquests, medical treatment, news by tracey

‘A coroner has raised concerns about how local anaesthetic is administered after a woman was given too much during an operation and later died.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

140 women win payouts for vaginal mesh complications – The Independent

Posted August 20th, 2024 in compensation, medical treatment, news, personal injuries, time limits, women by tracey

‘Some 140 women who experienced distressing side effects after getting vaginal mesh implants have won payouts expected to stretch into millions of pounds in England.’

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The Independent, 19th August 2024

Source: www.independent.co.uk

Key questions that remain about Nottingham killer’s care – BBC News

Posted August 15th, 2024 in community care, homicide, medical treatment, mental health, news by sally

‘The critical report into the mental healthcare given to Valdo Calocane – a paranoid schizophrenic who fatally stabbed three people in Nottingham last year – is damning.’

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BBC News, 14th August 2024

Source: www.bbc.co.uk

Mother died after neglect by hospital – coroner – BBC News

Posted August 13th, 2024 in birth, hospitals, inquests, medical treatment, negligence, news by tracey

‘The death of a mother at the hospital where she gave birth to her fifth baby was “avoidable and contributed to by neglect”, a coroner has ruled.’

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BBC News, 12th August 2024

Source: www.bbc.co.uk

3 Essential Clinical Negligence Updates – Law Pod UK

‘For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence.’

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Law Pod UK, 5th August 2024

Source: audioboom.com

Anatomising a disaster: The Infected Blood Inquiry – Landmark Chambers

‘After 40 years of campaigning, thousands of people affected by the infected blood scandal gathered on 20 May in Westminster Central Hall to give the chair of the Infected Blood Inquiry what can only be described as a ‘rock star’ welcome.’

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Landmark Chambers, 16th July 2024

Source: landmarkchambers.co.uk

Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board – Modern Law Review

Posted July 29th, 2024 in doctors, hospitals, medical treatment, negligence, news by sally

‘McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable alternative treatments. The materiality of a risk is to be decided by reference to a reasonable person in the patient’s position, or where the medical professional should be reasonably aware that the particular patient is likely to attach significance to that risk. However, Montgomery did not define the legal standard relating to the assessment of whether an alternative treatment is reasonable. McCulloch held the correct legal test to be applied as to whether an alternative treatment is reasonable is the professional-practice test in Bolam v Friern Hospital Management Committee. There are practical, doctrinal and normative reasons to question whether Bolam is the correct legal test in respect of the assessment of reasonable alternative treatments. Additionally, the conceptualisation of Bolam in McCulloch is overly deferential. McCulloch fails to fully consider Montgomery’s emphasis that autonomy-respecting principles are the values that risk disclosure practices are sensitive to.’

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Modern Law Review, 4th July 2024

Source: onlinelibrary.wiley.com

Futility and best interests before the Court of Protection – Mental Capacity Law and Policy

Posted July 29th, 2024 in Court of Protection, medical treatment, news by sally

‘When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make it difficult in the context of those with impaired decision-making capacity is the potential for it to start “coding” judgments about other matters, above all judgments about the quality of life of the patient. In Re XY [2024 EWCOP 37 (T3), the issue of futility arose in the context of a decision whether continuing life-sustaining treatment was in the best interests of a man who in a prolonged disorder of consciousness. The treating Trust wished to cease mechanical ventilation and the provision of clinically assisted nutrition and hydration on the basis that its continuation was no longer in XY’s best interests.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Slapping therapist guilty of manslaughter – BBC News

Posted July 29th, 2024 in homicide, juries, medical treatment, medicines, news by sally

‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy

Posted July 29th, 2024 in bills, Court of Protection, food, medical treatment, mental health, news by sally

‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’

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Mental Capacity Law and Policy, 27th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK

Posted July 29th, 2024 in Court of Protection, families, hospitals, Islam, medical treatment, news by sally

‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’

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Law & Religion UK, 29th July 2024

Source: lawandreligionuk.com