Sharp rise in NHS claims for lack of informed consent – Litigation Futures

Posted March 19th, 2020 in consent, hospitals, medical treatment, news by sally

‘Negligence claims against the NHS due to failure to inform patients before they consent to procedures have spiralled up since the Supreme Court’s landmark Montgomery ruling in 2015, a new study has found.’

Full Story

Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Hostile Environment Immigration Policy ‘Undermining’ Coronavirus Response – Each Other

Posted March 18th, 2020 in coronavirus, health, human rights, immigration, medical treatment, news by sally

‘The government’s response to the coronavirus pandemic is being undermined by immigration policies which deter migrants from accessing healthcare, campaigners have warned.’

Full Story

Each Other, 17th March 2020

Source: eachother.org.uk

Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder – Local Government Lawyer

Posted March 17th, 2020 in consent, medical treatment, mental health, news by sally

‘A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.’

Full Story

Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

New law on organ donations could save thousands like 12-year-old Max – The Guardian

Posted March 2nd, 2020 in consent, medical treatment, news, organ transplants by sally

‘‘Opt-out’ system will bring in a presumption that the deceased consents to transplants.’

Full Story

The Guardian, 1st March 2020

Source: www.theguardian.com

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

Full Story

Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

Full Story

UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

Full Story

Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

Full Story

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

Full Story

Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

Full Story

Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

Ministers reject calls for immediate compensation for infected blood victims – The Guardian

‘Calls for immediate compensation for thousands of victims contaminated by infected NHS blood have been rejected by ministers at a meeting with campaigners and survivors – but more health support may be made available.’

Full Story

The Guardian, 28th January 2020

Source: www.theguardian.com

Former transgender patient will tell court that sex change clinic is putting children on ‘torturous’ path – Daily Telegraph

Posted January 23rd, 2020 in children, consent, hospitals, medical treatment, news, transgender persons by tracey

‘A former transgender patient has mounted an unprecedented legal challenge against a sex change clinic she claims is putting children on a “torturous”, “permanent” and “unnecessary path, High Court documents reveal.’

Full Story

Daily Telegraph, 22nd January 2020

Source: www.telegraph.co.uk

Nurse launches legal test case with claim children cannot consent to transgender treatment – Daily Telegraph

Posted January 7th, 2020 in children, consent, judicial review, medical treatment, news, transgender persons by sally

‘Children cannot consent to transgender treatment, a nurse bringing a landmark legal case has said, claiming that many are autistic, homosexual or just confused.’

Full Story

Daily Telegraph, 6th January 2020

Source: www.telegraph.co.uk

Tafida Raqeeb: Costs Judgment – Transparency Project

‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’

Full Story

Transparency Project, 3rd January 2020

Source: www.transparencyproject.org.uk

High court to decide if children can consent to gender reassignment – The Guardian

‘A landmark test case to establish whether children can give informed consent to medical treatment for gender reassignment begins in the high court this week.’

Full Story

The Guardian, 5th January 2020

Source: www.theguardian.com

Family’s legal fight against hospital over brain injury baby – BBC News

Posted December 18th, 2019 in birth, children, families, hospitals, medical treatment, news by sally

‘The father of a brain-damaged baby boy has urged a hospital not to “rush” a decision to end his life support.’

Full Story

BBC News, 17th December 2019

Source: www.bbc.co.uk

Royal Bournemouth Hospital Trust penalised for giving the wrong drug dosage to a cancer patient – Crown Prosecution Service

‘A hospital which gave a leukaemia patient five times the amount of drugs that she needed has today (Monday 9 December) been fined £45,000.’

Full Story

Crown Prosecution Service, 9th December 2019

Source: www.cps.gov.uk

Blood products and Jehovah’s Witnesses: An NHS Trust v C NHS Trust & Ors – Law & Religion UK

Posted November 22nd, 2019 in blood products, children, consent, medical treatment, news by tracey

‘In An NHS Trust v C NHS Trust & Ors [2019] EWHC 3033 (Fam), CX, now fourteen, had been diagnosed with lymphatic cancer when he was three. He was treated successfully, but in 2019 his cancer returned [1]-[2]. As a result of the chemotherapy that he was to receive, it was likely that his blood counts would drop significantly and that he would need transfusions of blood products [5]. Both CX and his mother were Jehovah’s Witnesses: each was willing to consent to the proposed chemotherapy, stem cell harvesting and the return of the stem cells following chemotherapy, but would not consent to the administration of blood and/or blood products – which the doctors believed to be a necessary and integral part of CX’s recovery.’

Full Story

Law & Religion UK, 21st November 2019

Source: www.lawandreligionuk.com

Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

Full Story

BBC News, 21st November 2019

Source: www.bbc.co.uk

Man died in immigration detention after staff ‘dismissed’ stroke as sign he had taken spice – The Independent

‘A man died in immigration detention after medical staff “dismissed” signs that he was having a stroke because they wrongly presumed that he had taken spice, an inquest has concluded.’

Full Story

The Independent, 12th November 2019

Source: www.independent.co.uk