Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

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Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

Toddler who survived abortion is ‘little miracle’ – Daily Telegraph

Posted January 14th, 2015 in abortion, children, custody, families, health, medical treatment, news, pregnancy by tracey

‘A baby boy who survived a late abortion carried out because his mother’s life was in danger has been described as a “little miracle” by a judge.

Details of the boy’s survival emerged in a Family Court judgment which concluded that the boy should live with his father’s family as his mother said she was unable to look after him.’

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Daily Telegraph, 13th January 2015

Source: www.telegraph.co.uk

NHS trust fined £180,000 after patient suffers burns from overheated mattress – Local Government Lawyer

‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’

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Local Government Lawyer, 6th January 2015

Source: www.localgovernmentlawyer.co.uk

Judge orders blood transfusion for Jehovah’s Witness child – UK Human Rights Blog

Posted December 16th, 2014 in blood products, children, human rights, medical treatment, news by tracey

‘An NHS Trust v Child B and Mr and Mrs B [2014] EWHC 3486 (Fam) – I posted earlier this year a discussion of Ian McEwan’s pellucid and moving account of the difficulties encountered by judges when steering between the rock of parental faith and the hard place of children’s best interests (The Children Act, 2014). This judgment, although handed down four months ago, has just been published, and confirms that judges may be resolute, however politely, in the face of parents’ insistence that they know what is best for their children.’

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UK Human Rights Blog, 15th December 2015

Source: www.ukhumanrightsblog.com

Judge rules Jehovah’s Witness boy can receive blood transfusion – The Guardian

Posted December 8th, 2014 in children, consent, medical treatment, news, parental rights by sally

‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’

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The Guardian, 8th December 2014

Source: www.guardian.co.uk

Give child abuse viewers medical help, not prison terms, says police chief – The Independent

‘Child abuse viewers who access images and video on the internet need medical help to overcome “perverse attractions” rather than serve prison terms, said a senior police officer.’

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The Independent, 6th December 2014

Source: www.independent.co.uk

GP ‘disgust’ at watchdog errors – BBC News

Posted December 8th, 2014 in BBC, doctors, medical treatment, news by sally

‘GPs have told the BBC their reputations have been “tarnished by incompetence” from the health watchdog.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

What does Duty of Candour mean for employers? – Cloisters

‘So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers should now consider in light of the new Duty of Candour.’

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Cloisters, 1st December 2014

Source: www.cloisters.com

Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

Law firm’s medical negligence advert “likely to cause distress to pregnant viewers” – Legal Futures

Posted November 12th, 2014 in advertising, medical treatment, negligence, news, pregnancy, regulations by tracey

‘The Advertising Standards Authority (ASA) has ruled that a TV medical negligence advert for Merseyside personal injury specialists Michael W Halsall Solicitors was “likely to cause undue distress to pregnant viewers”.’

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Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

Foreign Office tells extradited grandfather to go back to US jail for vital medical treatment – Daily Telegraph

Posted November 10th, 2014 in bail, extradition, medical treatment, news by sally

‘Extradited British grandfather Paul Dunham told by Foreign Office it will not pay for urgent heart treatment – and that he should return to maximum security US jail for treatment.’

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Daily Telegraph, 9th November 2014

Source: www.telegraph.co.uk

Dr Daniel Ubani wins costs from Cambridgeshire victim’s son – BBC News

‘A man whose father was killed by a lethal overdose from a doctor said he feels “physically sick” at the idea of paying the physician’s legal costs.’

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BBC News, 7th November 2014

Source: www.bbc.co.uk

Mother cleared of poisoning teenager daughter with hormones supplied by Belgian doctor says case should be landmark for parents’ rights – The Independent

Posted October 31st, 2014 in children, medical treatment, medicines, mental health, news, parental rights, poisoning by sally

‘A mother cleared of poisoning her daughter after taking desperate measures to treat a chronic condition has said that the case should be used as a landmark for other parents finding care for their children outside the NHS.’

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The Independent, 30th October 2014

Source: www.independent.co.uk

Ebola: When health workers’ duty to treat is trumped – BBC News

Posted October 30th, 2014 in doctors, duty of care, health, medical treatment, news, nurses, oaths, professional conduct by sally

‘The president of the World Bank has urged thousands of health workers to volunteer in the battle against Ebola, invoking their duty under their oath to help patients. But is there such an obligation? Medical ethicist Dr Daniel Sokol says we should expect some healthcare staff to refuse to go to work, wherever Ebola patients are being treated.’

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BBC News, 29th October 2014

Source: www.bbc.co.uk

Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

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UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Boy should be taken off life-support, rules judge – BBC News

Posted October 1st, 2014 in children, families, hospitals, medical treatment, news by tracey

‘A boy with irreversible brain damage should be taken off a life-support machine despite the objections of his parents, a High Court judge has ruled.’

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BBC News, 30th September 2014

Source: www.bbc.co.uk