Pippa Knight: Judge rules doctors can withdraw care – BBC News

Posted April 30th, 2021 in children, disabled persons, doctors, families, medical treatment, news by tracey

‘A High Court judge has given doctors permission to end the life of a brain-damaged six-year-old girl at the centre of a long-running treatment fight.’

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BBC News, 30th April 2021

Source: www.bbc.co.uk

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

NHS trust pleads guilty after ‘wholly avoidable’ death of week-old baby – The Guardian

Posted April 20th, 2021 in birth, hospitals, medical treatment, news, prosecutions by sally

‘A hospital trust has pleaded guilty to a criminal charge brought by the NHS regulator over failings in care that led to the death of a newborn boy at just seven days old.’

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The Guardian, 19th April 2021

Source: www.theguardian.com

Tragic Court of Protection case – Mills & Reeve

Posted April 15th, 2021 in Court of Protection, families, medical treatment, mental health, news by sally

‘Proceedings commenced initially by the father (“F”) in respect of his daughter, a young woman aged 20 (named “Lilia” in the judgment), who had attempted suicide. Very sadly, this had resulted in a catastrophic brain injury leading to a prolonged disorder of consciousness, from which she had not emerged and remained in a vegetative state.’

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Mills & Reeve, 14th April 2021

Source: www.mills-reeve.com

High Court Rules Parents Can Consent to Puberty Blockers On Their Child’s Behalf – Each Other

‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’

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Each Other, 31st March 2021

Source: eachother.org.uk

Dawn Sturgess novichok death inquest to look at role of Russian state – The Guardian

Posted March 31st, 2021 in inquests, intelligence services, medical treatment, news, poisoning, Russia by tracey

‘The role the Russian state played in the death of a Wiltshire woman who was poisoned with the nerve agent novichok is to be investigated in detail at her inquest. Heather Hallett said she would carry out a “fearless” inquiry into the death of Dawn Sturgess including digging into who directed the operation to bring novichok into the UK.’

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The Guardian, 30th March 2021

Source: www.theguardian.com

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

Covid-19: Concern over ‘do not resuscitate’ decisions during pandemic – BBC News

Posted March 18th, 2021 in consent, coronavirus, families, hospitals, medical treatment, news, reports by sally

‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’

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BBC News, 18th March 2021

Source: www.bbc.co.uk

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers

Posted February 25th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’

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Parklane Plowden Chambers, 23rd February 2021

Source: www.parklaneplowden.co.uk

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted February 12th, 2021 in legislation, medical treatment, medicines, pensions, railways by tracey

Pension Schemes Act 2021

High Speed Rail (West Midlands – Crewe) Act 2021

Medicines and Medical Devices Act 2021

Source: www.legislation.gov.uk

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Gosport hospital deaths: Families ‘need Hillsborough-style inquests’ – BBC News

‘Relatives of patients who died after receiving “dangerous” levels of painkillers at Gosport War Memorial Hospital have called for new inquests.’

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BBC News, 5th February 2021

Source: www.bbc.co.uk

Bristol: Brain-damaged baby dies after life support ruling – BBC News

Posted February 2nd, 2021 in birth, consent, hospitals, medical treatment, news, parental responsibility, paternity by sally

‘A brain-damaged baby has died days after a judge ruled that doctors could stop providing life-support treatment.’

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BBC News, 1st February 2021

Source: www.bbc.co.uk

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk