‘The health secretary, Steve Barclay, has announced the government is committed to bringing in “Martha’s rule” in England, making it easier for patients and their families to get a second medical opinion if they believe their concerns are not being taken seriously by medical staff.’
The Guardian, 14th September 2023
Source: www.theguardian.com
‘The sister of a roofer on life support has begged doctors to give him more time after the family lost a High Court bid to keep him alive.’
The Independent, 13th September 2023
Source: www.independent.co.uk
‘In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).’
Local Government Lawyer, 8th September 2023
Source: www.localgovernmentlawyer.co.uk
‘Ministers are considering introducing Martha’s rule in England to make it easier for patients and their families who believe their concerns are not being taken seriously by medical staff to get a second medical opinion.’
The Guardian, 4th September 2023
Source: www.theguardian.com
‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’
Parklane Plowden Chambers, 14th July 2023
Source: www.parklaneplowden.co.uk
‘The Advertising Standards Authority ruled that three ads misled consumers about the therapies’ efficacy in treating long Covid.’
The Independent, 30th August 2023
Source: www.independent.co.uk
‘Doctors can lawfully stop providing life-support treatment to a father-of-two who suffered “catastrophic” brain damage in a car accident early this year, a judge has ruled.’
The Independent, 23rd August 2023
Source: www.independent.co.uk
‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’
Parklane Plowden Chambers, 16th July 2023
Source: www.parklaneplowden.co.uk
‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’
Legal Futures, 18th August 2023
Source: www.legalfutures.co.uk
‘A woman died from an operable brain tumour after doctors failed to properly monitor her scan results, a health watchdog has found.’
BBC News, 10th August 2023
Source: www.bbc.co.uk
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
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