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.’
BBC News, 8th March 2022
Source: www.bbc.co.uk
Category: medical treatment
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.’
Local Government Lawyer, 1st March 2022
Source: www.localgovernmentlawyer.co.uk
Causation and Intervening Medical Treatment – Ropewalk Clinical Negligence Blog
‘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.’
Ropewalk Clinical Negligence Blog, 17th February 2022
Source: www.ropewalk.co.uk
Court of Protection case review – Local Government Lawyer
‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’
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
‘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.’
Ropewalk Clinical Negligence Blog , 25th January 2022
Source: www.ropewalk.co.uk
Medical negligence claims process can be “inhumane experience” – Legal Futures
‘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).’
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.’
The Guardian, 11th January 2022
Source: www.theguardian.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.’
The Independent, 1st January 2022
Source: www.independent.co.uk
Covid: Family of woman lose appeal against end-of-life ruling – BBC News
‘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.’
BBC News, 15th December 2021
Source: www.bbc.co.uk
The black box of the judicial visit to P – Local Government Lawyer
‘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.’
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.’
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
‘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.’
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.’
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”.’
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).’
The Independent, 14th November 2021
Source: www.independent.co.uk
Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent
‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’
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.’
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.’
The Guardian, 7th November 2021
Source: www.theguardian.com
