Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

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Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Blackpool nurse and colleague jailed over drugging patients – BBC News

‘An “evil” nurse who drugged patients on a stroke unit for an “easy shift” and a healthcare worker who conspired with her have been jailed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Nurse who sedated patients on hospital stroke unit for an ‘easy life’ jailed – The Independent

‘An NHS nurse who was giving her patients on a hospital stroke unit sedatives to “keep them quiet and compliant” has been jailed for seven years and two months.’

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The Independent, 14th December 2023

Source: www.independent.co.uk

Medics quitting jobs over ‘distress caused by rightwing Christian group’ – The Guardian

Posted November 29th, 2023 in appeals, children, Christianity, doctors, families, intimidation, medical treatment, news by sally

‘Medics treating critically ill babies are quitting their jobs owing to “considerable moral distress” caused by a rightwing Christian group behind a series of end-of-life court cases, the Guardian has been told.’

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The Guardian, 27th November 2023

Source: www.theguardian.com

Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian

Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by tracey

‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent

Posted November 10th, 2023 in appeals, children, citizenship, doctors, families, family courts, Italy, medical treatment, news by tracey

‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’

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The Independent, 10th November 2023

Source: www.independent.co.uk

Indi Gregory: Critically ill baby granted Italian citizenship – BBC News

Posted November 7th, 2023 in children, citizenship, doctors, families, Italy, medical treatment, news by sally

‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

Martha’s rule must be available 24/7, England’s patient safety commissioner says – The Guardian

‘Patients and relatives must be able to request second opinion from critical care team at any time of day or night, government told.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Betsi Cadwaladr: Woman dies after health board lost medical notes – BBC News

Posted November 3rd, 2023 in coroners, hospitals, inquests, medical records, medical treatment, news by tracey

‘A woman died after medical notes referring her for further tests were lost by a health board, an inquest has heard.’

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BBC News, 2nd November 2023

Source: www.bbc.co.uk

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

Indi Gregory: Legal challenge from critically ill baby’s parents dismissed – BBC News

Posted October 24th, 2023 in appeals, children, consent, hospitals, medical treatment, news, parental rights by tracey

‘The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.’

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BBC News, 23rd October 2023

Source: www.bbc.co.uk

Court of Appeal judges set to consider critically ill baby’s case – The Independent

Posted October 23rd, 2023 in appeals, children, doctors, families, medical treatment, news by tracey

‘The parents of a critically ill baby are preparing to stage an appeal after losing a High Court fight. A High Court judge recently ruled that doctors could lawfully limit the treatment they provide to Indi Gregory – against the wishes of her parents, Dean Gregory and Claire Staniforth.’

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The Independent, 23rd October 2023

Source: www.independent.co.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by tracey

‘Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Judge lets anorexic woman choose death – Daily Telegraph

Posted October 6th, 2023 in Court of Protection, families, food, medical treatment, mental health, news by michael

‘A 24-year-old woman with anorexia has been allowed to choose to die by a judge despite “lacking capacity to take decisions concerning her medical treatment”.’

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Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk

Brain stem death, an explainer of the law in England & Wales, and a question of consent – Mental Capacity Law and Policy

Posted September 26th, 2023 in children, codes of practice, consent, medical treatment, news by sally

‘The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (“DNC”), and the wider question of what, in fact, it means to be dead. For those who want to know more about it, this explainer by my colleagues Victoria Butler-Cole KC and Ben Tankel is helpful; my review of the recent book on the medico-legal development of neurological death in the UK by Dr Kartina Choong may also be helpful. And some may want to see the 2008 Code of Practice for the Diagnosis and Confirmation of Death by the Academy of Medical Royal Colleges, as well as the 2015 RCPCH Code relating to those under 2 months old (both currently under review).’

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Mental Capacity Law and Policy, 25th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Use of x-rays in asylum age assessments “inaccurate” and “unethical”, experts warn – Local Government Lawyer

Posted September 21st, 2023 in asylum, children, consent, immigration, medical treatment, news, x-rays by sally

‘Medical experts have criticised the use of x-rays to determine the age of lone migrant children and young people seeking asylum in the UK.’

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Local Government Lawyer, 20th September 2023

Source: www.localgovernmentlawyer.co.uk

Independent review of disagreements in the care of critically ill children – the report and recommendations – Mental Capacity Law and Policy

Posted September 19th, 2023 in children, consent, families, hospitals, medical treatment, news, reports by sally

‘The Nuffield Council on Bioethics has today, 18 September 2023, published the report of the review it was commissioned in December 2022 to carry out the Secretary of State for Health and Social Care, following a Government commitment in the Health and Care Act 2022. We have now laid this review before Parliament and are encouraging the Government to act on our recommendations.’

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Mental Capacity Law and Policy, 18th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk