Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog

‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’

Full story

UK Human Rights Blog, 18th April 2014

Source: www.ukhumanrightsblog.com

Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph

Posted April 16th, 2014 in damages, hospitals, medical treatment, news, psychiatric damage by tracey

‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

Irascible does not mean incapable – Court of Protection – UK Human Rights Blog

Posted April 11th, 2014 in community care, medical treatment, news by sally

‘This was a case about determination of mental capacity, which both judge and counsel described as “particularly difficult and finely balanced”. The judge was confronted with a great deal of conflicting evidence about the capabilities of the individual in question, but concluded in the end that’

Full story

UK Human Rights Blog, 10th April 2014

Source: www.ukhumanrightsblog.com

Bone marrow disorder appeal fails – UK Human Rights Blog

Posted April 2nd, 2014 in appeals, consent, duty of care, medical treatment, medicines, news, standards by sally

‘This was an appeal against the finding by HHJ Robinson, sitting as a High Court Judge, that there was no duty of care owed to the appellant in respect of his rare genetic disorder ([2013] EWHC 469 (QB), [2013] Med. L.R. 191). See my previous post for the factual and medical background of the claim. Briefly, the appellant suffered from a rare genetic version of the platelet insufficiency disorder, aplastic anemia (AA), the disorder in question being known as Dyskeratosis Congenita (“DC”).’

Full story

UK Human Rights Blog, 1st April 2014

Source: www.ukhumanrightsblog.com

Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

Yarl’s Wood death: Woman, 40, dies of heart attack at controversial immigration centre – The Independent

‘Police were on Sunday investigating the sudden death of a 40-year-old woman at a controversial immigration detention centre where Mauritian A-Level student Yashika Bageerathi is currently awaiting deportation.’

Full story

The Independent, 30th March 2014

Source: www.independent.co.uk

FGM: Top gynaecologist hits out at ‘political’ prosecution for female genital mutilation – The Independent

‘Has the DPP picked the right target for a landmark legal case against a barbaric medical practice? Jeremy Laurance talks to Dr Katrina Erskine.’

Full story

The Independent, 24th March 2014

Source: www.independent.co.uk

Fatal bug surgeon John Lu wins disclosure case – BBC News

Posted March 14th, 2014 in consent, disclosure, doctors, medical treatment, news by tracey

‘A surgeon who unwittingly spread a fatal infection cannot be forced to tell future patients about his clinical history, the High Court has ruled.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

Baby to undergo blood transfusions despite objection of Jehovah’s Witnesses parents – Daily Telegraph

Posted March 4th, 2014 in children, family courts, medical treatment, news, parental rights by sally

‘High Court judge agrees to proceedure despite his parents’ objections on religious grounds.’

Full story

Daily Telegraph, 3rd March 2014

Source: www.telegraph.co.uk

Parents jailed over rickets baby death – BBC News

‘The parents of a five-month-old boy who died from acute rickets have been jailed for manslaughter.’

Full story

BBC News, 28th February 2014

Source: www.bbc.co.uk

The Sanctity Of Life Law Has Gone Too Far – Gresham College

Posted February 26th, 2014 in assisted suicide, Court of Protection, euthanasia, lectures, medical treatment by tracey

‘Professor Gillon would argue that the judgment in the case of a patient in prolonged and incurable “minimally conscious state”, that she must continue to be kept alive with artificial nutrition and hydration, despite the evidence from her loved ones that she would have rejected such treatment, manifests an excessive concern for the “sanctity of life” and inadequate concern both for patients’ prior views values and autonomy and about the use of scarce health service resources on patients whose loved ones reliably report that they would have rejected those resources had they been able to do so.’

Transcipt

Gresham College, 12th February 2014

Source: www.gresham.ac.uk

Schizophrenic with a gangrenous leg allowed to refuse amputation – Daily Telegraph

Posted February 24th, 2014 in consent, medical treatment, mental health, news by sally

‘Doctors at a West Midlands hospital were faced with the medical dilemma after the unnamed woman, whose infected foot became mummified and fell off, refused to undergo the operation.’

Full story

Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

The Doctor’s Note – Zenith Chambers

Posted February 14th, 2014 in adjournment, evidence, expert witnesses, health, medical treatment, news by sally

‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’

Full story

Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Judge orders mentally ill woman to have forced caesarean – Daily Telegraph

‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’

Full story

Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Hospital payout for girl’s glue injection – BBC News

Posted January 28th, 2014 in children, damages, medical treatment, news, personal injuries by sally

‘A 10-year-old girl who was left brain damaged after she was accidentally injected with glue in her brain is to receive a multimillion-pound payout.’

Full story

BBC News, 27th January 2014

Source: www.bbc.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Sean Turner: Inquest rules ‘lost opportunities’ in four-year-old’s care – The Independent

Posted January 24th, 2014 in children, hospitals, inquests, medical treatment, news by sally

‘A Bristol hospital has apologised over the treatment a four-year-old heart patient received on a ward after his parents condemned his care as “shambolic”.’

Full story

The Independent, 23rd January 2014

Source: www.independent.co.uk

Woman’s High Court fight to ‘harvest’ seriously ill partner’s sperm – The Independent

Posted January 16th, 2014 in assisted reproduction, consent, medical treatment, news by tracey

‘A woman has launched a legal battle for the right to use her seriously-ill fiancé’s sperm to have his children.’

Full story

The Independent, 15th January 2014

Source: www.independent.co.uk

When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

Full story

No. 5 Chambers, 4th December 2013

Source: www.no5.com