Ebola: When health workers’ duty to treat is trumped – BBC News

Posted October 30th, 2014 in doctors, duty of care, health, medical treatment, news, nurses, oaths, professional conduct by sally

‘The president of the World Bank has urged thousands of health workers to volunteer in the battle against Ebola, invoking their duty under their oath to help patients. But is there such an obligation? Medical ethicist Dr Daniel Sokol says we should expect some healthcare staff to refuse to go to work, wherever Ebola patients are being treated.’

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BBC News, 29th October 2014

Source: www.bbc.co.uk

Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

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UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Boy should be taken off life-support, rules judge – BBC News

Posted October 1st, 2014 in children, families, hospitals, medical treatment, news by sally

‘A boy with irreversible brain damage should be taken off a life-support machine despite the objections of his parents, a High Court judge has ruled.’

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BBC News, 30th September 2014

Source: www.bbc.co.uk

Toddler’s virus death ‘not predictable,’ consultant says – BBC News

Posted September 26th, 2014 in children, inquests, medical treatment, news by sally

‘The death of a toddler who died from a respiratory virus after seeing GPs 30 times could not have been prevented or predicted, his inquest heard.’

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BBC News, 25th September 2014

Source: www.bbc.co.uk

Developments in fundamental dishonesty – Hardwicke Chambers

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 – No. 5 Chambers

Posted September 24th, 2014 in Court of Protection, health, medical ethics, medical treatment, news by sally

‘This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Zack Hider inquest: Surgery ‘overdose’ caused baby’s death – BBC News

Posted September 16th, 2014 in inquests, medical treatment, medicines, news by sally

‘A 19-day-old boy died after being given four times the solution needed to stop his heart during surgery, a coroner has ruled.’

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BBC News, 15th September 2014

Source: www.bbc.co.uk

Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

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Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

Gloria Foster inquest: ‘Neglect contributed to death’ – BBC News

Posted September 10th, 2014 in care workers, elderly, hospitals, inquests, medical treatment, medicines, news by sally

‘Neglect contributed to the death of an elderly woman found dying at home nine days after her care agency was shut in a police raid, a coroner has concluded.’

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BBC News, 10th September 2014

Source: www.bbc.co.uk

NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

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Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

Epileptic teenager died in police custody after officers failed to notice seizures on CCTV, report finds – The Independent

‘A young father died after police failed to notice him having three epileptic seizures in custody, it has emerged.

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The Independent, 8th August 2014

Source: www.independent.co.uk

Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

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BBC News, 3rd August 2014

Source: www.bbc.co.uk

Judge rules seriously ill boy, 13, can be treated against mothers beliefs – Daily Telegraph

Posted July 31st, 2014 in children, medical treatment, news by michael

‘A seriously ill teenager can be treated with blood products even though his mother is unable to consent because of her religious beliefs, a High Court judge has ruled.’

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

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Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

Parents of severely ill toddler threatening ‘legal action to keep her alive’ – Daily Telegraph

Posted July 9th, 2014 in children, hospitals, medical treatment, news, parental rights by sally

‘The parents of Amelia Rose claim a hospital ethics committee ruled staff can refuse to send the 23-month-old to the intensive care unit if her condition deteriorates.’

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Daily Telegraph, 9th July 2014

Source: www.telegraph.co.uk

MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian

‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk