Barnsley hospital patient should be allowed to die, says judge – BBC News
‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’
BBC News, 4th June 2020
Source: www.bbc.co.uk
Category: medical treatment
Children in care and vaccinations: who decides? – UK Human Rights Blog
‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’
UK Human Rights Blog, 28th May 2020
Source: ukhumanrightsblog.com
Court rules bar set too high for NHS surcharge and visa fee waivers – The Guardian
‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’
The Guardian, 21st May 2020
Source: www.theguardian.com
Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian
‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’
The Guardian, 20th May 2020
Source: www.theguardian.com
Who gets the ventilator? Important legal rights in a pandemic – Blackstone Chambers
‘COVID-19 is a highly contagious infection with no proven treatment. Approximately 2.5% of patients need mechanical ventilation while their body fights the infection.1 Once COVID-19 patients reach the point of critical illness where ventilation is necessary, they tend to deteriorate quickly. During the pandemic, patients with other conditions may also present at the hospital needing emergency ventilation. But ventilation of a COVID-19 patient can last for 2–3 weeks. Accordingly, if all ventilators are in use, there will not be time for patients to ‘queue up’ to wait for those who arrived earlier to recover. Those who need a ventilator will die if they do not receive access to one quickly.’
Blackstone Chambers, 14th May 2020
A patent problem in the global antiviral race? – Counsel
‘Foreign patents could prevent UK citizens accessing treatment for COVID-19, warns Professor Mark Engelman.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
Immigration Law Update May 2020 – 4 King’s Bench Walk
‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’
4 King's Bench Walk, 5th May 2020
Source: www.4kbw.co.uk
Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers
‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’
Garden Court Chambers, 1st May 2020
Source: www.gardencourtchambers.co.uk
The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers
‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’
No. 5 Chambers, 29th April 2020
Source: www.no5.com
UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub
‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’
Oxford Human Rights Hub, 3rd May 2020
Source: ohrh.law.ox.ac.uk
New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog
‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’
UKSC Blog, 29th April 2020
Source: ukscblog.com
Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses
‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’
Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020
‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog
‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’
UK Human Rights Blog, 29th April 2020
Source: ukhumanrightsblog.com
EP 109: Medical Law Updates with Rajkiran Barhey – Law Pod UK
‘In Episode 109, Emma-Louise Fenelon speaks to Kiran Barhey about the most recent edition of the Quarterly Medical Law Review, a new resource for practitioners looking to stay up to date in medical law.’
Law Pod UK, 28th April 2020
Source: audioboom.com
ABI/ACSO deal aims to keep medicals and rehab going – Litigation Futures
‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters
‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’
Cloisters, 22nd April 2020
Source: www.cloisters.com
