Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence – Oxford Human Rights Hub

Posted January 17th, 2018 in deportation, human rights, medical treatment, news by sally

‘In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent.’

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Oxford Human Rights Hub, 15th January 2018

Source: ohrh.law.ox.ac.uk

Surgeon sentenced for burning initials on patients’ livers – Crown Prosecution Service

‘A surgeon has pleaded guilty to assault by beating after burning his initials into the livers of two patients undergoing transplants.’

Full press release

Crown Prosecution Service, 12th January 2018

Source: www.cps.gov.uk

Six patients die amid 400 errors as NHS staff accidentally switch off oxygen supply – Daily Telegraph

Posted January 11th, 2018 in health, hospitals, medical treatment, news by tracey

‘An NHS investigation has been launched following the deaths of six patients when hospital staff accidentally switched off their oxygen cylinders. A safety alert has been issued after watchdogs uncovered more than 400 incidents in which cylinder controls were wrongly operated – including 24 cases where patients came to “moderate or severe harm”.’

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Daily Telegraph, 10th January 2018

Source: www.telegraph.co.uk

Alfie Evans: Parents in legal fight to take brain damaged son to Vatican doctors – Daily Telegraph

Posted December 20th, 2017 in children, hospitals, medical treatment, news by sally

‘A hospital has prevented parents from sending their brain damaged toddler to the same Vatican doctors who offered to help Charlie Gard, a court has heard.’

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Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

Lesbian couple win legal battle after being denied IVF treatment that would have been given to same-sex parents – Daily Telegraph

‘A lesbian couple who wanted a baby were discriminated against over their sexuality after being denied access to funded IVF treatment which would have been given to same-sex partners.’

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Daily Telegraph, 13th December 2017

Source: www.telegraph.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Megan Bannister: Friend calls for ‘duty to help’ law – BBC News

Posted December 11th, 2017 in drug abuse, duty of care, homicide, legislation, medical treatment, news by sally

‘The best friend of a teenager who died after taking drugs has called for a law to oblige people to seek help for someone they know is dangerously ill.’

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BBC News, 11th December 2017

Source: www.bbc.co.uk

Payout after woman was kept alive against her will – BBC News

Posted December 6th, 2017 in documents, hospitals, medical treatment, news by sally

‘The family of an 81-year-old woman has received a £45,000 payout after she was kept alive against her will.’

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BBC News, 6th December 2017

Source: www.bbc.co.uk

Continuation of Life-Sustaining Treatment not in Mrs P’s Best Interests – ASCERTAINING WHAT THE PATIENT WOULD HAVE WANTED – Garden Court Chambers

Posted November 23rd, 2017 in elderly, hospitals, medical treatment, news by sally

‘The Trust applied for a declaration that it was in Mrs P’s best interests to receive clinically assisted nutrition and hydration (CANH) by way of a gastric feeding tube. Following a fall, Mrs P, aged 72 years, went to hospital without telling her family. Her condition deteriorated and she fell into a minimally conscious state. A dispute arose as to whether CANH should be continued between her sisters who wanted treatment to be maintained and her partner and daughters who did not.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project

Posted November 22nd, 2017 in children, family courts, medical treatment, news, parental rights by sally

‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’

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Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

Law Pod UK Ep.16: A patient’s right to experimental medical treatment – 1 COR

Posted November 21st, 2017 in Court of Protection, human rights, medical treatment, news by sally

‘Rosalind English discusses a recent ruling in the Court of Protection which gives a patient, who is lacking capacity, the right to seek out experimental medical treatment.’

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Law Pod UK, 10th November 2017

Source: audioboom.com

Section 33 of the Limitation Act 1980: Mossa v Wise [2017] EWHC 2608 (QB) – Zenith PI Blog

Posted November 14th, 2017 in doctors, limitations, medical treatment, negligence, news by tracey

‘The High Court upheld a Master’s decision to allow a clinical negligence action to proceed pursuant to section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Pet owner who wouldn’t take dog to vet jailed for trying to treat its cancer with paracetamol – Daily Telegraph

Posted November 14th, 2017 in animal cruelty, animals, dogs, medical treatment, news by tracey

‘A pet owner who tried to treat one dog’s cancer with paracetamol and another’s severe skin condition with eczema cream because he refused to take them to the vet has been jailed.’

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Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

‘No-consent’ circumcision doctor will not be prosecuted – BBC News

Posted November 10th, 2017 in children, consent, doctors, grievous bodily harm, medical treatment, news, prosecutions by tracey

‘A mother has been left “sickened” by a decision not to prosecute the doctor who circumcised her son without her consent.’

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BBC News, 10th November 2017

Source: www.bbc.co.uk

Paralysed woman’s life-sustaining treatment ‘can end’, judge rules – BBC News

Posted October 31st, 2017 in euthanasia, families, health, medical treatment, news by sally

‘A paralysed elderly woman whose care became the focus of a family dispute can have her life-sustaining treatment discontinued, a judge has ruled.’

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BBC News, 30th October 2017

Source: www.bbc.co.uk

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Health minister rejects calls for inquiry into vaginal mesh implants – The Guardian

Posted October 19th, 2017 in health, medical treatment, news, parliament, women by tracey

‘Jackie Doyle-Price announces publication of new guidance but dismisses Labour demands to go further.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Family in dispute over care of woman with brain damage – The Guardian

Posted October 17th, 2017 in euthanasia, families, health, medical treatment, mental health, news by tracey

‘A family is in dispute over the ongoing care of a woman with brain damage who had suggested she would want to die in such circumstances, a court has heard.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

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Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk