MS sufferer should be allowed to die, says judge in landmark ruling – The Guardian

Posted November 20th, 2015 in Court of Protection, euthanasia, medical treatment, news by sally

‘A woman in the end stage of multiple sclerosis has been granted the right to die, in a landmark legal ruling.
The woman’s daughter had told how her mother was “completely incapacitated” and had asked Mr Justice Hayden to allow doctors to stop providing “clinically assisted nutrition and hydration”.’

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The Guardian, 19th November 2015

Source: www.guardian.co.uk

Rebecca Kandare death: Parents jailed for malnourished baby killing – BBC News

‘The parents of a dying baby girl, who failed to seek urgent medical care for her because of their religious beliefs, have been jailed.’

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BBC News, 10th November 2015

Source: www.bbc.co.uk

Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

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UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

Court of Appeal castigates judge’s conclusion on deprivation of liberty – UK Human Rights Blog

‘This was an appeal against a ruling by Mostyn J in the Court of Protection concerning a consent order between an incapacitated woman, the appellant, and the local authority ([2015] EWCOP 13). The judge had held that the 52 year old appellant, who had been severely incapacitated following surgery, had not been subject to deprivation of liberty contrary to Article 5 of the European Convention on Human Rights by her 24 hour care package. In his view, the test for deprivation of liberty in Cheshire West and Chester Council v P [2014] UKSC 19 did not apply. In paragraph 17 of his judgment Mostyn J remarked that it was impossible to see how the protective measures in place for KW could linguistically be characterised as a “deprivation of liberty”. Quoting from JS Mill, he said that the protected person was “merely in a state to require being taken care of by others, [and] must be protected against their own actions as well as external injury”. At para 25, he said that he found that KW was not “in any realistic way being constrained from exercising the freedom to leave, in the required sense, for the essential reason that she does not have the physical or mental ability to exercise that freedom”.’

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UK Human Rights Blog, 21st October 2015

Source: www.ukhumanrightsblog.com

Court of Protection upholds the right of a confused, lonely man to refuse treatment – UK Human Rights Blog

Posted October 16th, 2015 in consent, Court of Protection, medical treatment, mental health, news by sally

‘The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving amputation. This is an important judgement that respects an individual’s right to autonomy despite overwhelming medical evidence that it might be in his best interests to override his wishes. The judge declined to define the 73 year old man at the centre of this case by reference to his mental illness, but rather recognised his core quality is his “fierce independence” which, he accepted, was what Mr B saw as under attack.’

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UK Human Rights Blog, 13th October 2015

Source: www.ukhumanrightsblog.com

Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

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Panopticon, 16th October 2015

Source: www.panopticonblog.com

Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog

‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled.” ‘

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UK Human Rights Blog, 11th October 2015

Source: www.ukhumanrightsblog.com

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Judge rules it not unlawful to withdraw medical support from 11 year old – Local Government Lawyer

Posted October 8th, 2015 in children, medical treatment, news by sally

‘An NHS Trust has obtained a declaration from the High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping an 11-year-old boy alive.’

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Local Government Lawyer,

Source: www.localgovernmentlawyer.co.uk

Judge rejects call to give life-saving treatment against opposition of patient – Local Government Lawyer

Posted October 1st, 2015 in appeals, consent, health, medical treatment, news by sally

‘A Court of Protection judge has ruled that it would be unlawful for an NHS trust to carry out life-saving treatment against the patient’s opposition.’
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Local Government Lawyer, 1st October 2015

Source: www.localgovernmentlawyer.co.uk

Woman who grew cannabis to help dying husband gets community order – The Guardian

Posted September 25th, 2015 in cancer, community service, drug offences, medical treatment, news, sentencing by sally

‘A woman who grew cannabis worth £34,000 to extract hemp oil to act as a painkiller for her dying husband has been sentenced to an 18-month community order after a judge accepted she was not embroiled in a commercial enterprise.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

No one has the right to expect the State to make them better parents – UK Human Rights Blog

Posted September 21st, 2015 in care orders, children, families, medical treatment, news, rehabilitation by sally

‘In the course of care proceedings, they had been compelled to pay about £200,000 to provide a therapeutic residential placement for a family pursuant to section 38(6) of the Children Act 1989. The case had a happy ending; the family stayed together. But the local authority wanted to make it clear for the future that this had been an improper use of section 38(6) of the Children Act 1989 and argued that the court could not compel a local authority to pay for therapy for parents under a statutory provision directed at assessments of the child.The House of Lords – as they then were – agreed. However, they went further than simply restating the purpose behind section 38(6).’

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UK Human Rights Blog, 18th September 2015

Source: www.ukhumanrightsblog.com

Over 40% of medical negligence cases take two or more years to settle, research reveals – Litigation Futures

‘It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers (APIL) has revealed.’

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Litigation Futures, 4th September 2015

Source: www.litigationfutures.com

Lawyer warns of staff violence and inadequate care in private immigrant detention centres – The Independent

Posted August 17th, 2015 in detention, immigration, medical treatment, news, violence by sally

‘Immigrants held in privately-run detention centres are facing physical violence from staff, gross failures in medical care and at worse preventable death, a leading civil liberties lawyer has warned.’

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The Independent, 16th August 2015

Source: www.independent.co.uk

Modernising the law on informed consent – Hardwicke Chambers

Posted July 28th, 2015 in appeals, birth, consent, doctors, medical treatment, news, Supreme Court by sally

‘The recent Supreme Court decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 has seen the courts move away from the previously paternalistic laws on informed consent and take a step towards recognising the more modern relationship between doctor and patient.’
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Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

Mother asks judge to choose whether her baby son should live or die – Daily Telegraph

Posted July 3rd, 2015 in children, euthanasia, families, medical treatment, news by sally

‘A mother asked a High Court judge to choose whether her 18-month-old son should live or die so that she did not have to decide herself. Mr Justice Hayden said that the mother, who had a “deep-seated” religious faith, had been “in turmoil” over choosing whether or not her son’s life-support machine should be turned off.’

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Daily Telegraph, 2nd July 2015

Source: www.telegraph.co.uk

Prison staff shortages contribute to suicides, report says – BBC News

‘Understaffing in prisons in England and Wales could be a factor in suicides among inmates, a review has concluded.’

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BBC News, 1st July 2015

Source: www.bbc.co.uk

Withdrawal of nutrition and hydration would not offend right to life – Strasbourg Court – UK Human Rights Blog

Posted June 24th, 2015 in accidents, human rights, medical treatment, news, personal injuries by sally

‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’

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UK Human Rights Blog, 16th June 2015

Source: www.ukhumanrightsblog.com

Brain-injured man’s family fights to continue NHS medical treatment – The Guardian

Posted June 12th, 2015 in disabled persons, hospitals, medical treatment, news by sally

‘The family of a man said to be in a state of “low awareness” after sustaining a brain injury have launched a legal fight to prevent a health trust from halting treatment that is keeping him alive. The patient, in his 40s, is being treated in a hospital intensive care unit. Specialist doctors say it is very unlikely that he will regain any level of consciousness.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk