Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

Full Story

The Independent, 1st January 2022

Source: www.independent.co.uk

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

Full Story

BBC News, 15th December 2021

Source: www.bbc.co.uk

The black box of the judicial visit to P – Local Government Lawyer

Posted December 14th, 2021 in Court of Protection, families, judiciary, medical treatment, news by tracey

‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’

Full Story

Local Government Lawyer, 10th December 2021

Source: www.localgovernmentlawyer.co.uk

Unorthodox Covid Views and Medical Regulation – Richard Smith – UK Human Rights Blog

‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’

Full Story

UK Human Rights Blog, 7th December 2021

Source: ukhumanrightsblog.com

Mum diagnosed with cancer has ‘no case’ for surgery on the NHS, court hears – The Independent

Posted December 3rd, 2021 in cancer, medical treatment, news, Wales by tracey

‘A 50-year-old mother-of-two diagnosed with a rare form of cancer has “no case” for asking the NHS to pay for her potentially life-saving surgery, lawyers on behalf of a Welsh health board have said.’

Full Story

The Independent, 2nd December 2021

Source: www.independent.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

Full Story

Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

Full Story

UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Loophole in the law leaves patients at risk of abuse and sexual assault – The Independent

‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’

Full Story

The Independent, 14th November 2021

Source: www.independent.co.uk

Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent

Posted November 15th, 2021 in health, hospitals, inquiries, medical treatment, news, race discrimination, racism by tracey

‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’

Full Story

The Independent, 15th November 2021

Source: www.independent.co.uk

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

Full Story

Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Married lesbian couple launch discrimination action against NHS – The Guardian

‘A married lesbian couple are launching a landmark legal test case against a branch of the NHS fertility sector in England, claiming it discriminates against LGBT+ families.’

Full Story

The Guardian, 7th November 2021

Source: www.theguardian.com

Jehovah’s Witnesses, blood transfusions and capacity: PW – Law & Religion UK

‘In PW (Jehovah’s Witness: Validity of Advance Decision), Re [2021] EWCOP 52, Mrs W, aged 80, had Alzheimer’s. She was seriously ill in hospital with potentially fatal internal bleeding from a gastric tumour and the evidence was that a blood transfusion and surgery could mean that she would live for another five to ten years. However, she had been a practising Jehovah’s Witness for most of her adult life. Her medical team had concluded that she lacked capacity to make decisions about her treatment, but she had made an advance decision in 2001 – which appeared to have been held on a register of such decisions made by Jehovah’s Witnesses – to refuse blood or blood products even if her life was in danger. All parties accepted that the advance decision had been properly made.’

Full Story

Law & Religion UK, 19th October 2021

Source: lawandreligionuk.com

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

Full Story

Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

Full Story

Law & Religion UK, 11th October 2021

Source: lawandreligionuk.com

“Let the Doctors Decide” – UK Human Rights Blog

‘In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity.’

Full Story

UK Human Rights Blog, 27th September 2021

Source: ukhumanrightsblog.com

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

Full Story

Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Asylum seeker given £100,000 hospital bill after suffering stroke – The Guardian

Posted September 20th, 2021 in asylum, fees, government departments, hospitals, immigration, medical treatment, news by tracey

‘Simba Mujakachi, a personal trainer, was just 29 years old in June 2019 when he suffered a catastrophic stroke that left him comatose. When he awoke, he was paralysed on his left side and unable to talk or eat. His stroke could have been prevented by relatively inexpensive medication for a blood clotting condition that, as a refused asylum seeker, he was not entitled to on the NHS.’

Full Story

The Guardian, 18th September 2021

Source: www.theguardian.com

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

Full Story

BBC News, 17th September 2021

Source: www.bbc.co.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

Full Story

UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

Frozen eggs and sperm storage limit increased to 55 years – BBC News

‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’

Full Story

BBC News, 6th September 2021

Source: www.bbc.co.uk