Category: medical treatment

Fundamental dishonesty: recent lessons – Quarterly Medical Law Review

Posted March 18th, 2025 in cancer, chambers articles, deceit, delay, doctors, medical treatment, negligence, news by tracey

‘This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been required and, in particular, leading to total laryngectomy. The Claimant now breathes through a stoma in her neck and speaks via a valve located in the wall between her trachea and oesophagus.’

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Quarterly Medical Law Review , 17th March 2025

Source: 1corqmlr.com

Court of Protection judge stresses ‘crucial significance’ of issuing proceedings promptly in best interests case – Local Government Lawyer

Posted March 14th, 2025 in Court of Protection, delay, hospitals, local government, medical treatment, news by Lily

‘A judge sitting in the Court of Protection has highlighted the “crucial significance” of issuing proceedings promptly, after finding a failure by a hospital to address a man’s best interests in a timely way, which “compromised his dignity”.’

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Local Government Lawyer, 14th March 2025

Source: www.localgovernmentlawyer.co.uk

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

Posted March 6th, 2025 in chambers articles, damages, evidence, expert witnesses, medical treatment, negligence, news, witnesses by sally

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

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1 QMLR, 6th March 2025

Source: 1corqmlr.com

Disentangling symptoms and their causes – Quarterly Medical Law Review

Posted March 4th, 2025 in causation, chambers articles, hospitals, medical treatment, negligence, news by tracey

‘Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB). In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted in the Claimant suffering from a deep vein thrombosis (DVT) and post thrombotic syndrome (PTS). There was no dispute that the DVT and PTS were caused by the Defendant’s negligent failure to administer Clexane. After the surgery, it was also clear the Claimant may have also been suffering from symptoms indicative of complex regional pain syndrome (CRPS). Consequently, in 2018, the Claimant had her left leg amputated.’

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Quarterly Medical Law Review, 3rd March 2025

Source: 1corqmlr.com

Anorexia, the Court of Protection and the changing calculus of decision-making – Mental Capacity Law and Policy

Posted March 3rd, 2025 in consent, Court of Protection, medical treatment, mental health, news by sally

‘When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and is under particular scrutiny at the moment in the context of the Terminally Ill Adults (End of Life) Bill, with very heated arguments as to whether anorexia does, or does not, fall within the scope of the Bill. In the context of the Bill Committee’s debates, there has been much discussion of whether and under what circumstances the Court of Protection will endorse compulsory feeding.’

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Mental Capacity Law and Policy, 1st March 2025

Source: www.mentalcapacitylawandpolicy.org.uk

The limits of discretion in case management decisions – Quarterly Medical Law Review

Posted February 11th, 2025 in case management, chambers articles, delay, expert witnesses, medical treatment, negligence, news by tracey

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Children’s Capacity Report – February 2025 – 39 Essex Chambers

Posted February 10th, 2025 in care orders, chambers articles, children, consent, deprivation of liberty safeguards, medical treatment, news by tracey

‘In the Children’s Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Homelessness – local connection and necessity – Nearly Legal

Posted February 4th, 2025 in appeals, asylum, homelessness, housing, immigration, local government, medical treatment, mental health, news, refugees by tracey

‘Hussaini v Islington London Borough Council (2025) EWCA Civ 22. Mr Hussaini was a refugee. He had been accommodated in Barking & Dagenham area. On grant of leave to remain, he applied as homeless to Islington. Islington decided he did not have a local connection to the borough and referred the application to Barking. Mr H sought a review and s.204 appeal but was unsuccessful on both. He appealed to the Court of Appeal.’

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Nearly Legal, 2nd February 2025

Source: nearlylegal.co.uk

Solicitor “cannot complain” to JCIO about judge’s criticism – Legal Futures

Posted February 4th, 2025 in appeals, case management, children, complaints, families, judges, judicial review, medical treatment, news, solicitors by tracey

‘The High Court has rejected a solicitor and his client’s bid to challenge the Judicial Conduct Investigations Office’s (JCIO) refusal to entertain their complaints about three Court of Appeal judges.’

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Legal Futures, 4th February 2025

Source: www.legalfutures.co.uk

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) – 12KBW

Posted January 30th, 2025 in causation, chambers articles, evidence, medical records, medical treatment, negligence, news, witnesses by tracey

‘Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records.’

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12KBW 29th January 2025

Source: clinicalnegligence.blog

Young persons’ consent for cross-sex hormone treatment – UK Human Rights Blog

Posted January 6th, 2025 in appeals, children, consent, families, gender, medical treatment, medicines, news, transgender persons, young persons by tracey

‘O v P and Q [2024] EWCA Civ 1577. (Jeremy Hyam KC and Alasdair Henderson of 1 Crown Office Row represented the mother in this case)
This was an appeal from a decision in the Divisional Court by Judd J in April 2024. The case raises a question at the core of the transgender debate involving young people: consent.’

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UK Human Rights Blog, 1st January 2025

Source: ukhumanrightsblog.com

Courts to remain involved in young person gender case – BBC News

Posted December 20th, 2024 in appeals, children, families, gender, medical treatment, news, transgender persons, young persons by sally

‘A mother who is trying to stop her teenager being given cross-sex hormones to change their gender has won her fight to keep the courts involved in the case.’

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BBC News, 19th December 2024

Source: www.bbc.co.uk

Medico-legal market consolidating and growing “more strongly” – Legal Futures

Posted December 13th, 2024 in artificial intelligence, compensation, damages, insurance, law firms, legal profession, medical treatment, medicines, negligence, news, personal injuries, statistics by sally

‘The value of the medico-legal market grew by 4% in 2024, double the growth rate of the previous year, researchers have estimated.’

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Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk

Puberty blockers to be banned indefinitely for under-18s across UK – The Guardian

Posted December 12th, 2024 in children, emergency powers, gender, medical treatment, news, transgender persons by sally

‘Puberty blockers for under-18s with gender dysphoria will be banned indefinitely across the UK except for use in clinical trials, Labour has announced.’

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The Guardian, 11th December 2024

Source: www.theguardian.com

Extracting Informed Consent – Quarterly Medical Law Review

Posted November 19th, 2024 in causation, chambers articles, consent, dentists, medical treatment, news by tracey

‘Winterbotham v Shahrak [2024] EWHC 2633 (KB). In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was referred to the Defendant’s practice.’

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Quarterly Medical Law Review, 18th November 2024

Source: 1corqmlr.com

Health, Welfare and Deprivation of Liberty Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, Court of Protection, medical treatment, mental health, news by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by tracey

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

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UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – Quarterly Medical Law Review

Posted November 5th, 2024 in medical treatment, news, personal injuries, vicarious liability, witnesses by tracey

‘A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB).’

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Quarterly Medical Law Review , 28th October 2024

Source: 1corqmlr.com

Trans children’s charity told to rewrite guidance on puberty blockers – The Guardian

Posted October 24th, 2024 in charities, Charity Commission, children, gender, medical treatment, medicines, news, transgender persons by tracey

‘A charity supporting gender-questioning young people has been told to rewrite its guidance about the risks of puberty blockers, after a two-year Charity Commission investigation, which also concluded that there had been mismanagement within the organisation. However, the investigation found that the charity, Mermaids, had appropriate safeguarding policies in place and there was no evidence that it provided medical advice to children, which would have been outside its remit.’

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The Guardian, 24th October 2024

Source: www.theguardian.com

Novichok inquiry latest: Probe opens into poisoning of Dawn Sturgess via nerve agent in Salisbury – The Independent

Posted October 14th, 2024 in attempted murder, drug abuse, inquiries, intelligence services, medical treatment, news, poisoning, police, Russia by tracey

‘The public inquiry into the death of Dawn Sturgess, who died in the Salisbury Novichok poisonings, is set to open on Monday.’

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The Independent, 14th October 2024

Source: www.independent.co.uk