Infected Blood Inquiry: key findings – Mills & Reeve
‘In the first of a series of articles on the Infected Blood Inquiry, we set out key elements relating to patient safety more widely.’
Mills & Reeve, 10th June 2024
Source: www.mills-reeve.com
Category: medical treatment
What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy
‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’
Mental Capacity Law and Policy, 14th May 2024
The older child and medical treatment decisions – mental capacity or competence? – Mental Capacity Law and Policy
‘Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J, concerning whether authorisation should be given to provide a 17 year old Jehovah’s Witness with blood products in a planned operation. In analysing the legal framework, Cobb J was taken to the decision of the Court of Appeal in E v Northern Care Alliance NHS Foundation Trust and F v Somerset NHS Foundation Trust [2021] EWCA Civ 1888 (“E and F”). He resisted, however, the submission by the Trust that the decision set out the proposition that there can be a point in cases involving the medical treatment of those under that 18 that “the discretionary powers on the court to intervene convert into a duty on the court to intervene to preserve the young person’s life” (paragraph 33).’
Mental Capacity Law and Policy, 12th May 2024
Jehovah’s Witnesses and blood products: Re J – Law & Religion UK
‘In J (Blood Transfusion: Older Child: Jehovah’s Witnesses), Re [2024] EWHC 1034 (Fam), J was a baptised Jehovah’s Witness aged 17 years 7 months who was awaiting abdominal surgery. As a Jehovah’s Witness, he did not consent to the use of blood products in the event of a significant uncontrolled intra-operative or post-operative bleed [1 & 2]. The Applicant, the University Hospitals Plymouth NHS Trust, applied to the court for a declaration that it would be lawful and in J’s best interests for him to receive blood products if required in the event of an emergency in the surgery.’
Law & Religion UK, 10th May 2024
Source: lawandreligionuk.com
Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy
‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’
Mental Capacity Law and Policy, 22nd April 2024
Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer
‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’
Local Government Lawyer, 16th April 2024
Source: www.localgovernmentlawyer.co.uk
‘Total failures’ in care of baby boy who lived for 14 hours – BBC News
‘A baby boy who lived just 14 hours died after “total and complete failures” in his care, an inquest has found.’
BBC News, 12th March 2024
Source: www.bbc.co.uk
Woodbridge soldier’s heatstroke death was avoidable – report – BBC News
‘A soldier who died from exertional heatstroke may have survived if he had been treated earlier, a report found.’
BBC News, 2nd March 2024
Source: www.bbc.co.uk
Pelvic mesh compensation disappointingly low, says victim – BBC News
‘A woman who described the time in her life after a pelvic mesh implant as “soul destroying” said proposed government compensation was “disappointingly low”.’
BBC News, 15th February 2024
Source: www.bbc.co.uk
Mesh and sodium valproate scandal victims need payouts soon, report says – BBC News
‘Families of children left disabled by an epilepsy drug and women injured by pelvic mesh implants should be given urgent financial help, England’s patient safety commissioner has said.’
BBC News, 7th February 2024
Source: www.bbc.co.uk
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy
‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’
Mental Capacity Law and Policy, 4th February 2024
Blackpool nurse and colleague jailed over drugging patients – BBC News
‘An “evil” nurse who drugged patients on a stroke unit for an “easy shift” and a healthcare worker who conspired with her have been jailed.’
BBC News, 15th December 2023
Source: www.bbc.co.uk
Nurse who sedated patients on hospital stroke unit for an ‘easy life’ jailed – The Independent
‘An NHS nurse who was giving her patients on a hospital stroke unit sedatives to “keep them quiet and compliant” has been jailed for seven years and two months.’
The Independent, 14th December 2023
Source: www.independent.co.uk
Medics quitting jobs over ‘distress caused by rightwing Christian group’ – The Guardian
‘Medics treating critically ill babies are quitting their jobs owing to “considerable moral distress” caused by a rightwing Christian group behind a series of end-of-life court cases, the Guardian has been told.’
The Guardian, 27th November 2023
Source: www.theguardian.com
Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent
‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’
The Independent, 10th November 2023
Source: www.independent.co.uk
Indi Gregory: Critically ill baby granted Italian citizenship – BBC News
‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’
BBC News, 6th November 2023
Source: www.bbc.co.uk
Martha’s rule must be available 24/7, England’s patient safety commissioner says – The Guardian
‘Patients and relatives must be able to request second opinion from critical care team at any time of day or night, government told.’
The Guardian, 3rd November 2023
Source: www.theguardian.com
