Slapping therapist guilty of manslaughter – BBC News
‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’
BBC News, 26th July 2024
Source: www.bbc.co.uk
Category: medical treatment
A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy
‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’
Mental Capacity Law and Policy, 27th July 2024
“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK
‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’
Law & Religion UK, 29th July 2024
Source: lawandreligionuk.com
Inga Rublite inquest: hospital missed two chances to treat woman dying in A&E – The Guardian
‘Staff at a hospital in Nottingham missed two opportunities to treat a woman found dying under a coat in a crowded emergency department, a coroner has concluded.’
The Guardian, 25th July 2024
Source: www.theguardian.com
Suspended surgeon harmed hundreds of women – BBC News
‘The Medical Practitioners Tribunal Service’s hearing concluded on Thursday [18 July] that a six-month suspension was “appropriate”.’
BBC News, 18th July 2024
Source: www.bbc.co.uk
Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB) – 12 King’s Bench Walk
‘Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.’
12 King's Bench Walk, 2nd July 2024
Source: clinicalnegligence.blog
Infected Blood Inquiry: key findings – Mills & Reeve
‘In the first of a series of articles on the Infected Blood Inquiry, we set out key elements relating to patient safety more widely.’
Mills & Reeve, 10th June 2024
Source: www.mills-reeve.com
What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy
‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’
Mental Capacity Law and Policy, 14th May 2024
The older child and medical treatment decisions – mental capacity or competence? – Mental Capacity Law and Policy
‘Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J, concerning whether authorisation should be given to provide a 17 year old Jehovah’s Witness with blood products in a planned operation. In analysing the legal framework, Cobb J was taken to the decision of the Court of Appeal in E v Northern Care Alliance NHS Foundation Trust and F v Somerset NHS Foundation Trust [2021] EWCA Civ 1888 (“E and F”). He resisted, however, the submission by the Trust that the decision set out the proposition that there can be a point in cases involving the medical treatment of those under that 18 that “the discretionary powers on the court to intervene convert into a duty on the court to intervene to preserve the young person’s life” (paragraph 33).’
Mental Capacity Law and Policy, 12th May 2024
Jehovah’s Witnesses and blood products: Re J – Law & Religion UK
‘In J (Blood Transfusion: Older Child: Jehovah’s Witnesses), Re [2024] EWHC 1034 (Fam), J was a baptised Jehovah’s Witness aged 17 years 7 months who was awaiting abdominal surgery. As a Jehovah’s Witness, he did not consent to the use of blood products in the event of a significant uncontrolled intra-operative or post-operative bleed [1 & 2]. The Applicant, the University Hospitals Plymouth NHS Trust, applied to the court for a declaration that it would be lawful and in J’s best interests for him to receive blood products if required in the event of an emergency in the surgery.’
Law & Religion UK, 10th May 2024
Source: lawandreligionuk.com
Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy
‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’
Mental Capacity Law and Policy, 22nd April 2024
Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer
‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’
Local Government Lawyer, 16th April 2024
Source: www.localgovernmentlawyer.co.uk
‘Total failures’ in care of baby boy who lived for 14 hours – BBC News
‘A baby boy who lived just 14 hours died after “total and complete failures” in his care, an inquest has found.’
BBC News, 12th March 2024
Source: www.bbc.co.uk
Woodbridge soldier’s heatstroke death was avoidable – report – BBC News
‘A soldier who died from exertional heatstroke may have survived if he had been treated earlier, a report found.’
BBC News, 2nd March 2024
Source: www.bbc.co.uk
Pelvic mesh compensation disappointingly low, says victim – BBC News
‘A woman who described the time in her life after a pelvic mesh implant as “soul destroying” said proposed government compensation was “disappointingly low”.’
BBC News, 15th February 2024
Source: www.bbc.co.uk
Mesh and sodium valproate scandal victims need payouts soon, report says – BBC News
‘Families of children left disabled by an epilepsy drug and women injured by pelvic mesh implants should be given urgent financial help, England’s patient safety commissioner has said.’
BBC News, 7th February 2024
Source: www.bbc.co.uk
