‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’
Local Government Lawyer, 28th January 2022
Source: www.localgovernmentlawyer.co.uk
‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’
Ropewalk Clinical Negligence Blog , 25th January 2022
Source: www.ropewalk.co.uk
‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.
However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’
Legal Futures, 12th January 2022
Source: www.legalfutures.co.uk
‘A surgeon who burned his initials on to the livers of two patients during transplant surgery has been struck off the medical register.’
The Guardian, 11th January 2022
Source: www.theguardian.com
‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’
The Independent, 1st January 2022
Source: www.independent.co.uk
‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’
BBC News, 15th December 2021
Source: www.bbc.co.uk
‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’
Local Government Lawyer, 10th December 2021
Source: www.localgovernmentlawyer.co.uk
‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’
UK Human Rights Blog, 7th December 2021
Source: ukhumanrightsblog.com
‘A 50-year-old mother-of-two diagnosed with a rare form of cancer has “no case” for asking the NHS to pay for her potentially life-saving surgery, lawyers on behalf of a Welsh health board have said.’
The Independent, 2nd December 2021
Source: www.independent.co.uk
‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’
Law Society's Gazette, 25th November 2021
Source: www.lawgazette.co.uk
‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’
The Independent, 14th November 2021
Source: www.independent.co.uk
‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’
The Independent, 15th November 2021
Source: www.independent.co.uk
‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’
Ropewalk Clinical Negligence Blog, 2nd November 2021
Source: www.ropewalk.co.uk
‘A married lesbian couple are launching a landmark legal test case against a branch of the NHS fertility sector in England, claiming it discriminates against LGBT+ families.’
The Guardian, 7th November 2021
Source: www.theguardian.com
‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’
Ropewalk Clinical Negligence Blog, 12th October 2021
Source: www.ropewalk.co.uk
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