UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian

‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer

‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Couple who opposed council vaccinating their child lose appeal – The Guardian

Posted April 3rd, 2020 in appeals, children, families, local government, medical treatment, news by sally

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

Daughter in CoP case questions “second-rate” Skype justice – Legal Futures

‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’

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Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Sharp rise in NHS claims for lack of informed consent – Litigation Futures

Posted March 19th, 2020 in consent, hospitals, medical treatment, news by sally

‘Negligence claims against the NHS due to failure to inform patients before they consent to procedures have spiralled up since the Supreme Court’s landmark Montgomery ruling in 2015, a new study has found.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Hostile Environment Immigration Policy ‘Undermining’ Coronavirus Response – Each Other

Posted March 18th, 2020 in coronavirus, health, human rights, immigration, medical treatment, news by sally

‘The government’s response to the coronavirus pandemic is being undermined by immigration policies which deter migrants from accessing healthcare, campaigners have warned.’

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Each Other, 17th March 2020

Source: eachother.org.uk

Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder – Local Government Lawyer

Posted March 17th, 2020 in consent, medical treatment, mental health, news by sally

‘A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.’

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Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

New law on organ donations could save thousands like 12-year-old Max – The Guardian

Posted March 2nd, 2020 in consent, medical treatment, news, organ transplants by sally

‘‘Opt-out’ system will bring in a presumption that the deceased consents to transplants.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

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Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

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Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

Ministers reject calls for immediate compensation for infected blood victims – The Guardian

‘Calls for immediate compensation for thousands of victims contaminated by infected NHS blood have been rejected by ministers at a meeting with campaigners and survivors – but more health support may be made available.’

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The Guardian, 28th January 2020

Source: www.theguardian.com