Autistic man should not be forced to have dialysis, judge rules – BBC News

Posted August 24th, 2023 in autism, consent, medical treatment, mental health, news by sally

‘An autistic man with “chronic” kidney disease should not be forced to undergo dialysis, despite the “potentially fatal consequence of not having it”, a judge has ruled.’

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BBC News, 23rd August 2023

Source: www.bbc.co.uk

Doctors can stop treating man who suffered brain damage in car crash – judge – The Independent

Posted August 24th, 2023 in Court of Protection, hospitals, medical treatment, news by sally

‘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.’

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The Independent, 23rd August 2023

Source: www.independent.co.uk

Fail to Plead, Fail to Succeed – Parklane Plowden Chambers

‘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.’

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Parklane Plowden Chambers, 16th July 2023

Source: www.parklaneplowden.co.uk

Judge criticises approach of firm acting on hundreds of mesh claims – Legal Futures

Posted August 18th, 2023 in compensation, costs, law firms, medical treatment, news, personal injuries by sally

‘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.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Lancashire woman died from brain tumour after surgery delay – BBC News

Posted August 10th, 2023 in cancer, delay, hospitals, medical treatment, news, ombudsmen, reports by tracey

‘A woman died from an operable brain tumour after doctors failed to properly monitor her scan results, a health watchdog has found.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Consent and Factual Causation – Two Recent Cases – QMLR

‘Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points of practice that will be of interest to those working in the field of clinical negligence.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘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?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

Court rejects appeal against NHS England over gender dysphoria treatment delays – The Guardian

Posted August 1st, 2023 in appeals, delay, medical treatment, news, transgender persons by sally

‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

New Judgment: McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSC Blog

Posted July 13th, 2023 in causation, medical treatment, medicines, negligence, news, Scotland, Supreme Court by sally

‘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.’

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UKSC Blog, 12th July 2023

Source: ukscblog.com

Case Preview: McCulloch and Ors v Forth Valley Health Board – UKSC Blog

‘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.’

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UKSC Blog, 3rd July 2023

Source: ukscblog.com

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Overhaul UK fertility law to keep up with advancements, expert says – The Guardian

Posted May 15th, 2023 in medical treatment, news, pregnancy, statistics by tracey

‘A leading fertility expert has said the law should be overhauled so that rapid advancements in reproductive science do not stall.’

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The Guardian, 14th May 2023

Source: www.theguardian.com

Judge rejects challenge over council’s alcohol detox policy – Local Government Lawyer

‘A High Court judge has rejected a man’s legal challenge to Surrey County Council’s alcohol detox policy after he was refused residential treatment by social services due to his lack of prior engagement with early stage treatment plans for his alcoholism.’

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Local Government Lawyer, 10th May 2023

Source: www.localgovernmentlawyer.co.uk

Law to extend use of CE mark on medical devices in Britain tabled – OUT-LAW.com

Posted May 5th, 2023 in brexit, EC law, medical treatment, news by tracey

‘Medical device manufacturers should put a plan in place for using the new “UKCA” mark on their products – despite new legislation being put forward to allow EU-derived ‘CE’ markings to continue to be relied upon when selling such products in Britain for years to come.’

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OUT-LAW.com, 5th May 2023

Source: www.pinsentmasons.com

Rogue breast cancer surgeon Ian Paterson ‘linked to 650 deaths’ – Daily Telegraph

Posted April 17th, 2023 in cancer, doctors, imprisonment, medical treatment, news, sentencing, wounding by tracey

‘Victims of a rogue breast cancer surgeon have called for a change in the law after it was reported that he may be linked to up to 650 deaths.’

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Daily Telegraph, 16th April 2023

Source: www.telegraph.co.uk

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

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Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Transgender children GP: Helen Webberley wins suspension appeal – BBC News

‘A GP offering treatment for transgender patients online has won a High Court appeal against her suspension as a doctor and can now work again.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Missed contraceptive coil left woman unable to have children – BBC News

Posted March 17th, 2023 in compensation, doctors, medical treatment, negligence, news, pregnancy by tracey

‘A woman was denied the chance to have children with her husband after a contraceptive coil was accidentally left in place for 29 years.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Timing the Medical Examination: Read v Dorset County Hospital NHS Foundation Trust – Ropewalk Clinical Negligence Blog

‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’

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Ropewalk Clinical Negligence Blog, 8th March 2023

Source: www.ropewalk.co.uk

1,500 more patients of jailed breast surgeon Ian Paterson recalled – The Guardian

Posted February 2nd, 2023 in doctors, hospitals, medical records, medical treatment, news, wounding by sally

‘Health officials are recalling a further 1,500 patients of the jailed breast surgeon Ian Paterson, more than two decades after he treated them, after the discovery of an old IT database.’

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The Guardian, 1st February 2023

Source: www.theguardian.com