“Let the Doctors Decide” – UK Human Rights Blog

‘In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity.’

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UK Human Rights Blog, 27th September 2021

Source: ukhumanrightsblog.com

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Asylum seeker given £100,000 hospital bill after suffering stroke – The Guardian

Posted September 20th, 2021 in asylum, fees, government departments, hospitals, immigration, medical treatment, news by tracey

‘Simba Mujakachi, a personal trainer, was just 29 years old in June 2019 when he suffered a catastrophic stroke that left him comatose. When he awoke, he was paralysed on his left side and unable to talk or eat. His stroke could have been prevented by relatively inexpensive medication for a blood clotting condition that, as a refused asylum seeker, he was not entitled to on the NHS.’

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The Guardian, 18th September 2021

Source: www.theguardian.com

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

Frozen eggs and sperm storage limit increased to 55 years – BBC News

‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’

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BBC News, 6th September 2021

Source: www.bbc.co.uk

Judge to decide if Covid patient should be allowed to die – BBC News

‘A judge has been asked to decide if a woman left brain damaged and paralysed from the neck down after contracting Covid-19 should be allowed to die.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Disgraced surgeon Ian Paterson makes bid to appeal his conviction – The Independent

Posted August 16th, 2021 in appeals, cancer, doctors, medical treatment, news, wounding by tracey

‘Disgraced breast surgeon Ian Paterson has launched a bid to have his conviction for putting women through unnecessary surgery overturned, in a move that has left victims devastated.’

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The Independent, 14th August 2021

Source: www.independent.co.uk

Alta Fixsler: European court says UK hospital can withdraw life support – The Guardian

‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’

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The Guardian, 4th August 2021

Source: www.theguardian.com

Ep 146: 5 Key Medical Law Updates – Law Pod UK

Posted July 1st, 2021 in chambers articles, consumer credit, medical treatment, news, podcasts by sally

‘Emma-Louise Fenelon speaks to Richard Mumford and Rajkiran Barhey about 5 key developments in medical law.’

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Law Pod UK, 30th June 2021

Source: audioboom.com

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Were Do Not Resuscitate Orders Illegally Placed on Disabled People? – Each Other

‘Throughout the pandemic, unlawful do not resuscitate orders (DNRs) were placed upon people in the United Kingdom. Did it unfairly target disabled patients?’

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Each Other, 22nd June 2021

Source: eachother.org.uk

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

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UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

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Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Contaminated blood inquiry: Matt Hancock to give evidence – BBC News

‘he health secretary will face questions about compensation for victims of the contaminated blood scandal on Friday afternoon.’

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BBC News, 21st May 2021

Source: www.bbc.co.uk

Parents seek second inquest into baby’s hospital death – BBC News

‘The parents of a baby who died after medical errors are to push for a new inquest into his death, after they say a “cruel” inquest denied them justice.’

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BBC News, 14th May 2021

Source: www.bbc.co.uk

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

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Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Pippa Knight: Judge rules doctors can withdraw care – BBC News

Posted April 30th, 2021 in children, disabled persons, doctors, families, medical treatment, news by tracey

‘A High Court judge has given doctors permission to end the life of a brain-damaged six-year-old girl at the centre of a long-running treatment fight.’

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BBC News, 30th April 2021

Source: www.bbc.co.uk

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

NHS trust pleads guilty after ‘wholly avoidable’ death of week-old baby – The Guardian

Posted April 20th, 2021 in birth, hospitals, medical treatment, news, prosecutions by sally

‘A hospital trust has pleaded guilty to a criminal charge brought by the NHS regulator over failings in care that led to the death of a newborn boy at just seven days old.’

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The Guardian, 19th April 2021

Source: www.theguardian.com