Judge rules it not unlawful to withdraw medical support from 11 year old – Local Government Lawyer

Posted October 8th, 2015 in children, medical treatment, news by sally

‘An NHS Trust has obtained a declaration from the High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping an 11-year-old boy alive.’

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Local Government Lawyer,

Source: www.localgovernmentlawyer.co.uk

Judge rejects call to give life-saving treatment against opposition of patient – Local Government Lawyer

Posted October 1st, 2015 in appeals, consent, health, medical treatment, news by sally

‘A Court of Protection judge has ruled that it would be unlawful for an NHS trust to carry out life-saving treatment against the patient’s opposition.’
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Local Government Lawyer, 1st October 2015

Source: www.localgovernmentlawyer.co.uk

Woman who grew cannabis to help dying husband gets community order – The Guardian

Posted September 25th, 2015 in cancer, community service, drug offences, medical treatment, news, sentencing by sally

‘A woman who grew cannabis worth £34,000 to extract hemp oil to act as a painkiller for her dying husband has been sentenced to an 18-month community order after a judge accepted she was not embroiled in a commercial enterprise.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

No one has the right to expect the State to make them better parents – UK Human Rights Blog

Posted September 21st, 2015 in care orders, children, families, medical treatment, news, rehabilitation by sally

‘In the course of care proceedings, they had been compelled to pay about £200,000 to provide a therapeutic residential placement for a family pursuant to section 38(6) of the Children Act 1989. The case had a happy ending; the family stayed together. But the local authority wanted to make it clear for the future that this had been an improper use of section 38(6) of the Children Act 1989 and argued that the court could not compel a local authority to pay for therapy for parents under a statutory provision directed at assessments of the child.The House of Lords – as they then were – agreed. However, they went further than simply restating the purpose behind section 38(6).’

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UK Human Rights Blog, 18th September 2015

Source: www.ukhumanrightsblog.com

Over 40% of medical negligence cases take two or more years to settle, research reveals – Litigation Futures

‘It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers (APIL) has revealed.’

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Litigation Futures, 4th September 2015

Source: www.litigationfutures.com

Lawyer warns of staff violence and inadequate care in private immigrant detention centres – The Independent

Posted August 17th, 2015 in detention, immigration, medical treatment, news, violence by sally

‘Immigrants held in privately-run detention centres are facing physical violence from staff, gross failures in medical care and at worse preventable death, a leading civil liberties lawyer has warned.’

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The Independent, 16th August 2015

Source: www.independent.co.uk

Modernising the law on informed consent – Hardwicke Chambers

Posted July 28th, 2015 in appeals, birth, consent, doctors, medical treatment, news, Supreme Court by sally

‘The recent Supreme Court decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 has seen the courts move away from the previously paternalistic laws on informed consent and take a step towards recognising the more modern relationship between doctor and patient.’
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Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

Mother asks judge to choose whether her baby son should live or die – Daily Telegraph

Posted July 3rd, 2015 in children, euthanasia, families, medical treatment, news by tracey

‘A mother asked a High Court judge to choose whether her 18-month-old son should live or die so that she did not have to decide herself. Mr Justice Hayden said that the mother, who had a “deep-seated” religious faith, had been “in turmoil” over choosing whether or not her son’s life-support machine should be turned off.’

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Daily Telegraph, 2nd July 2015

Source: www.telegraph.co.uk

Prison staff shortages contribute to suicides, report says – BBC News

‘Understaffing in prisons in England and Wales could be a factor in suicides among inmates, a review has concluded.’

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BBC News, 1st July 2015

Source: www.bbc.co.uk

Withdrawal of nutrition and hydration would not offend right to life – Strasbourg Court – UK Human Rights Blog

Posted June 24th, 2015 in accidents, human rights, medical treatment, news, personal injuries by sally

‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’

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UK Human Rights Blog, 16th June 2015

Source: www.ukhumanrightsblog.com

Brain-injured man’s family fights to continue NHS medical treatment – The Guardian

Posted June 12th, 2015 in disabled persons, hospitals, medical treatment, news by sally

‘The family of a man said to be in a state of “low awareness” after sustaining a brain injury have launched a legal fight to prevent a health trust from halting treatment that is keeping him alive. The patient, in his 40s, is being treated in a hospital intensive care unit. Specialist doctors say it is very unlikely that he will regain any level of consciousness.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk

Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk

Father forced to fight hospital in courts to keep son alive spends funeral cash on lawyers – Daily Telegraph

‘Man uses money for teenage son’s funeral to pay for lawyers to argue at Court of Protection doctors should continue giving him chemotherapy.’

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Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

The role of the law, in the matter of Ashya King – OUP Blog

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

Too many are dying without dignity, health ombudsman warns – Daily Telegraph

Posted May 20th, 2015 in hospitals, medical treatment, news, ombudsmen by sally

‘The Parliamentary and Health Service Ombudsman’s report found ‘tragic’ cases of patients spending their last days in ‘unnecessary pain’.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

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Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

Informed Consent – a new era? – 39 Essex Chambers

Posted April 29th, 2015 in consent, health, medical treatment, news, pregnancy, Supreme Court by sally

‘In a powerful, unanimous, 7 member-decision the Supreme Court has resolved, and possibly revolutionised, the issue of consent.’

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39 Essex Chambers, April 2015

Source: www.39essex.com