Lancaster mum wins legal fight for son’s kidney transplant – BBC News

‘A mother has won a legal battle to ensure her teenage son has the right to a potentially life-saving transplant.’

Full Story

BBC News, 8th March 2022

Source: www.bbc.co.uk

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

Full Story

Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

Causation and Intervening Medical Treatment – Ropewalk Clinical Negligence Blog

Posted February 22nd, 2022 in causation, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or further injury is suffered. In such circumstances, there may be multiple potential Defendants to any legal claim.’

Full Story

Ropewalk Clinical Negligence Blog, 17th February 2022

Source: www.ropewalk.co.uk

Do Compulsory Covid-19 Vaccination Policies Threaten Our Rights? – Each Other

Posted February 1st, 2022 in consent, coronavirus, medical treatment, news, vaccination by sally

‘The government is being criticised in some quarters for pushing ahead with a tight deadline for all NHS staff in frontline roles to get their first Covid-19 vaccination, with critics saying that it could result in staff shortages.’

Full Story

Each Other, 1st February 2022

Source: eachother.org.uk

Court of Protection case review – Local Government Lawyer

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

Full Story

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Causation Strikes Again: Dalchow v St George’s University NHS Foundation Trust – Ropewalk Clinical Negligence Blog

Posted January 28th, 2022 in causation, chambers articles, expert witnesses, medical treatment, negligence, news by tracey

‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’

Full Story

Ropewalk Clinical Negligence Blog , 25th January 2022

Source: www.ropewalk.co.uk

Medical negligence claims process can be “inhumane experience” – Legal Futures

Posted January 12th, 2022 in compensation, damages, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.

However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’

Full Story

Legal Futures, 12th January 2022

Source: www.legalfutures.co.uk

Liver-branding transplant surgeon struck off medical register – The Guardian

‘A surgeon who burned his initials on to the livers of two patients during transplant surgery has been struck off the medical register.’

Full Story

The Guardian, 11th January 2022

Source: www.theguardian.com

“Charlie’s law” proposed to allow parents to seek treatment for children abroad – UK Human Rights Blog

Posted January 11th, 2022 in bills, children, consent, medical treatment, news, parental rights by tracey

‘A Private Members’ Bill before parliament which would allow parents of seriously ill children to seek treatment abroad is due to be debated this week. The Access to Palliative Care and Treatment of Children Bill 2019– 21 contains proposals to reform the law in response to recent high profile cases concerning the medical treatment of children (with specific reference to the case of Charlie Gard). The Bill, which has been tabled by palliative care professor Baroness Finlay, would stop judges making orders which prevent parents from taking their child abroad for treatment at any respected medical institution if there is no major risk of harm to them.’

Full Story

UK Human Rights Blog, 10th January 2022

Source: ukhumanrightsblog.com

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

Full Story

The Independent, 1st January 2022

Source: www.independent.co.uk

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

Full Story

BBC News, 15th December 2021

Source: www.bbc.co.uk

The black box of the judicial visit to P – Local Government Lawyer

Posted December 14th, 2021 in Court of Protection, families, judiciary, medical treatment, news by tracey

‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’

Full Story

Local Government Lawyer, 10th December 2021

Source: www.localgovernmentlawyer.co.uk

Unorthodox Covid Views and Medical Regulation – Richard Smith – UK Human Rights Blog

‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’

Full Story

UK Human Rights Blog, 7th December 2021

Source: ukhumanrightsblog.com

Mum diagnosed with cancer has ‘no case’ for surgery on the NHS, court hears – The Independent

Posted December 3rd, 2021 in cancer, medical treatment, news, Wales by tracey

‘A 50-year-old mother-of-two diagnosed with a rare form of cancer has “no case” for asking the NHS to pay for her potentially life-saving surgery, lawyers on behalf of a Welsh health board have said.’

Full Story

The Independent, 2nd December 2021

Source: www.independent.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

Full Story

Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

Full Story

UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Loophole in the law leaves patients at risk of abuse and sexual assault – The Independent

‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’

Full Story

The Independent, 14th November 2021

Source: www.independent.co.uk

Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent

Posted November 15th, 2021 in health, hospitals, inquiries, medical treatment, news, race discrimination, racism by tracey

‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’

Full Story

The Independent, 15th November 2021

Source: www.independent.co.uk

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

Full Story

Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Married lesbian couple launch discrimination action against NHS – The Guardian

‘A married lesbian couple are launching a landmark legal test case against a branch of the NHS fertility sector in England, claiming it discriminates against LGBT+ families.’

Full Story

The Guardian, 7th November 2021

Source: www.theguardian.com