‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
‘A leading fertility expert has said the law should be overhauled so that rapid advancements in reproductive science do not stall.’
The Guardian, 14th May 2023
Source: www.theguardian.com
‘A High Court judge has rejected a man’s legal challenge to Surrey County Council’s alcohol detox policy after he was refused residential treatment by social services due to his lack of prior engagement with early stage treatment plans for his alcoholism.’
Local Government Lawyer, 10th May 2023
Source: www.localgovernmentlawyer.co.uk
‘Medical device manufacturers should put a plan in place for using the new “UKCA” mark on their products – despite new legislation being put forward to allow EU-derived ‘CE’ markings to continue to be relied upon when selling such products in Britain for years to come.’
OUT-LAW.com, 5th May 2023
Source: www.pinsentmasons.com
‘Victims of a rogue breast cancer surgeon have called for a change in the law after it was reported that he may be linked to up to 650 deaths.’
Daily Telegraph, 16th April 2023
Source: www.telegraph.co.uk
‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’
Parklane Plowden Chambers, 3rd March 2023
Source: www.parklaneplowden.co.uk
‘A GP offering treatment for transgender patients online has won a High Court appeal against her suspension as a doctor and can now work again.’
BBC News, 1st April 2023
Source: www.bbc.co.uk
‘A woman was denied the chance to have children with her husband after a contraceptive coil was accidentally left in place for 29 years.’
BBC News, 16th March 2023
Source: www.bbc.co.uk
‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’
Ropewalk Clinical Negligence Blog, 8th March 2023
Source: www.ropewalk.co.uk
‘Health officials are recalling a further 1,500 patients of the jailed breast surgeon Ian Paterson, more than two decades after he treated them, after the discovery of an old IT database.’
The Guardian, 1st February 2023
Source: www.theguardian.com
‘Ministers must use legislation to address an “unacceptable and inexcusable” failure to address racial disparity in the use of the Mental Health Act, MPs and peers have said.’
The Guardian, 19th January 2023
Source: www.theguardian.com
‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘A High Court judge has been asked to decide whether a teenager who suffered brain damage after an “apparent suicide attempt” can lawfully be allowed to die.’
The Independent, 1st December 2022
Source: www.independent.co.uk
‘A mother-of-two had “extensive amputation surgery” after a hospital trust failed to recognise and treat her sepsis sooner, an investigation found.’
BBC News, 21st November 2022
Source: www.bbc.co.uk
‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’
OUT-LAW.com, 28th October 2022
Source: www.pinsentmasons.com
‘The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach of duty is not in issue and/or is established in evidence, causation is likely to be contentious in all but the clearest of cases due to the absence of definitive evidence or trial data regarding the efficacy of anticoagulant treatment.’
Ropewalk Chambers, 11th October 2022
Source: www.ropewalk.co.uk
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