medical treatment – Page 13 – Current Awareness

New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

Posted May 1st, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

UKSC Blog, 29th April 2020

Source: ukscblog.com

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

Posted May 1st, 2020 in chambers articles, coronavirus, damages, doctors, emergency powers, hospitals, medical treatment, negligence, news, nurses by sally

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog

Posted May 1st, 2020 in appeals, deportation, health, human rights, immigration, medical treatment, news, Supreme Court by sally

‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’

UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

EP 109: Medical Law Updates with Rajkiran Barhey – Law Pod UK

Posted April 28th, 2020 in medical treatment, news, podcasts by sally

‘In Episode 109, Emma-Louise Fenelon speaks to Kiran Barhey about the most recent edition of the Quarterly Medical Law Review, a new resource for practitioners looking to stay up to date in medical law.’

Law Pod UK, 28th April 2020

Source: audioboom.com

ABI/ACSO deal aims to keep medicals and rehab going – Litigation Futures

Posted April 28th, 2020 in coronavirus, insurance, medical treatment, news, rehabilitation by sally

‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’

Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

Cloisters, 22nd April 2020

Source: www.cloisters.com

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

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

Posted April 22nd, 2020 in advertising, communicating false information, complaints, coronavirus, medical treatment, medicines, news, ombudsmen by sally

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

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

Posted April 16th, 2020 in coronavirus, disabled persons, government departments, judicial review, medical treatment, news by sally

‘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.’

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

Posted April 14th, 2020 in coronavirus, Court of Protection, health, health & safety, live link evidence, medical treatment, news, remote hearings by sally

‘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.’

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

Posted April 9th, 2020 in appeals, children, health, local government, medical treatment, news, parental rights, vaccination by sally

‘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.’

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

Posted April 8th, 2020 in appeals, intellectual property, judicial review, medical treatment, medicines, news by sally

‘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”).’

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, vaccination 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.’

The Guardian, 2nd April 2020

Source: www.theguardian.com

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

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, equality, hospitals, judicial review, learning difficulties, local government, medical treatment, news by sally

‘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.’

Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

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

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘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.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

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

Posted April 1st, 2020 in child abduction, coronavirus, Court of Protection, families, live link evidence, medical treatment, news by sally

‘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.’

Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

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.’

Each Other, 17th March 2020

Source: eachother.org.uk

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