69 results
15 Jul 2019 10:57
An NHS Trust v JP [2019]Williams J approves plan for covert sedation and C-section of incapacitous 25 year old The best laid plans … In NHS Trust v JP [2019] EWCOP 23[1], in a decision which emphasises the importance of an overall evaluation of best interests rather than placing undue focus on any one of several important more...
2 Jul 2019 09:19
Autonomy and safety“The efficacy of the MCA is dependent upon getting the balance right between empowering and protecting the incapacitous” In the matter of Domenica Lawson [2019] EWCOP 22 https://www.bailii.org/ew/cases/EWCOP/2019/22.html Autonomy and protection are the two principles at the heart of the MCA. One of more...
25 Jun 2019 15:43
Bradley Report - 10 years onThe Magistrates Association welcome all the great work that has been done since the initial Bradley Report 10 years ago and were very grateful for the opportunity to input into this vital update. We support this report in stating that it is important to be ambitious to push for more change to more...
24 Jun 2019 15:47
Lies, damned lies and a prison statisticLiverpool Victoria Insurance Company Limited v Dr Asef Zafar [2019] EWCA 392 (Civ) -and- George Eliot Hospital NHS Trust v Elder (2019), QBD, 5 April 2019 Introduction Dr Zafar ran his own medico-legal company, producing over 500 expert reports a year. In February 2012, he examined Mr Iqbal 11 weeks more...
19 Jun 2019 09:31
Tom Kark QC: Stop the revolving door for failed NHS managersThe Health Service Journal published excerpts from an interview with Don Berwick in which he was reported to have warned that too much surveillance of NHS managers could be “quite toxic”. He said that the NHS placed “too much emphasis on accountability, supervision and metrics and not enough on more...
17 Jun 2019 10:31
Trust was ‘right’ to bring case to court (University Hospitals of Derby and Burton NHS Foundation Trust v J) (2)University Hospitals of Derby and Burton NHS Foundation Trust v J (by her litigation friend, the Official Solicitor) [2019] EWCOP 16, [2019] All ER (D) 106 (May) What are the practical implications of this case? ‘Do we need to make an application to the court or can we just get on and treat? It’s more...
28 May 2019 10:42
Dishonesty to Coroners and Professional SanctionsThe Professional Standards Authority for Health and Social Care v (1) NMC (2) Anne Ndlovu 9 May 2019 EWHC 1181 (Admin) judgment here It is rare that healthcare staff are seriously dishonest in their evidence to an inquest, although sadly such conduct does at times happen. Even when criminal more...
1 May 2019 14:12
Gresham Lecture: The Child & Medical Treatment: The Chance to Live, or Die with Dignity?What happens when doctors and parents cannot agree on whether a child should be given experimental medical treatment? Why is there any question mark over a parent’s right to decide if medical treatment for their child continues? From the parents of Aysha King who successfully secured proton beam more...
30 Apr 2019 14:29
Stillbirths, Coronial Inquests and a New Approach to InvestigationsOn 28 November 2017, the Health Secretary, made a statement on the Government’s new strategy to improve safety in NHS maternity services. This included that from April 2018, the Healthcare Safety Investigation Branch (HSIB) would investigate every case of a stillbirth, neonatal death, suspected more...
29 Apr 2019 10:34
Learning disability and autism trainingThe Department of Health and Social Care have consulted on when mandatory training on learning disabilities and autism is needed for health care staff. The MA produced a response, raising specific points about what the expected provision should be for staff in a criminal justice setting. We were more...
24 Apr 2019 15:07
Stillbirths, Coronial Inquests and a New Approach to InvestigationsOn 28 November 2017, the Health Secretary, made a statement on the Government’s new strategy to improve safety in NHS maternity services. This included that from April 2018, the Healthcare Safety Investigation Branch (HSIB) would investigate every case of a stillbirth, neonatal death, suspected more...
16 Apr 2019 10:21
Dr Bawa Garba returns to work – now it’s time for the GMC and the profession to take stockIt was fitting but tinged with irony, that the GMC itself, in its submissions to recent the MPTS review of Dr Bawa-Garba’s suspension maintained that the ‘appropriate and proportionate sanction’ to reflect her continuing ‘impairment’ of fitness to practice was now a period of conditional more...
1 Apr 2019 11:37
Consultation starts as to whether to alter the law to allow inquests into stillbirthsThere has recently been welcome news with the Health Secretary starting a consultation on whether to conduct inquests into stillbirths, the aim being to reduce baby deaths. UK stillbirth rates remain high compared with many similar European countries with the NHS reporting that stillbirth occurs in more...
27 Mar 2019 09:33
Brain injury and sportIn the space of just a few days, the charity Headway, which offers support to victims of Traumatic Brain injuries, has had reason to be critical of FIFA, football’s governing body, following serious head injuries on the pitch. On 17 of March, Napoli goalkeeper David Ospina collapsed during a match more...
6 Mar 2019 14:24
Sick girl to be treated against parents' wishesSara Mann represented a sick thirteen-month-old baby whose parents do not want her to have potentially life-saving treatment. The child was born with kidney failure and has survived against the odds. Doctors have said that haemodialysis, where blood is taken and cleaned, is in her best interests. more...
26 Feb 2019 12:02
UK Human Rights Blog: Does someone who assists with journey to Dignitas risk losing benefit of deceased’s estate?Ninan v Findlay and others [2019] EWHC 297 (Ch), 21 February 2019 The claimant, Mrs Ninian, is the sole beneficiary of the residue of the estate of her late husband Mr Ninian under his will. Mr Ninian, who suffered from a progressive incurable disease, died on 16 November 2017 with the assistance of more...
25 Feb 2019 15:34
UK Human Rights Blog: Court authorises experimental treatment for CJD patientUniversity College London Hospital and others v KG (by his litigation friend the Official Solicitor) [2018] EWCOP 29 This case concerned a man, KG, who suffered from the human prion disease CJD. As was explained in the judgment, prion diseases are invariably fatal, neurodegenerative conditions. They more...
8 Feb 2019 15:13
Human Rights or Health? How paid healthcare could be illegalPaid for medicine is a global business that impacts individuals worldwide. This is to the point that most are faced with a threatening ultimatum that either they fork out the expenses associated to healthcare or they risk worsening their condition by not purchasing any healthcare at all. Therefore, more...
7 Feb 2019 13:18
Kark Review into NHS 'fit and proper person test' publishedThe Secretary of State for Health and Social Care, Matt Hancock, yesterday formally announced the publication of Tom Kark QC’s review of the ‘fit and proper person test’ for NHS board members. In response, Tom stated that: “I was asked to conduct a review into the ‘Fit and Proper Person test’ for more...
6 Feb 2019 13:01
The Duty of Candour shows its teethFrom the jaws of the Care Quality Commission this month comes the first ever fine issued for breach of the Duty of Candour.[footnote 1] Bradford Teaching Hospitals NHS Foundation Trust have been given a fixed penalty notice for £1,250 for failing to apologise to a bereaved family within a more...
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