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Article 29/07/2021
A summary of key developments including the Health and Care Bill; the Getting It Right First Time and NHS Resolution best practice guide to claims learning; a consultation on the appointment and operation of the Patient Safety Commissioner; the personal injury discount rate in Northern Ireland and statutory implementation of the Personal Injuries Guidelines 2021 in the Republic of Ireland.
Article 29/07/2021
A round-up of recent court decisions raising issues relating to scope of duty; best interests; informed consent and material risks involving technical decisions; and contempt of court proceedings following dismissal of a claim for fundamental dishonesty.
Article 27/07/2021
On 26 May 2021 Baroness Meacher presented the Assisted Dying Bill to the House of Lords. The aim of this Private Members’ bill is to enable adults who are terminally ill to be provided, at their request, with specified assistance to end their own life in what is expected to be the final six months of their life.
Case review 27/07/2021
Negus and Bainbridge v Guy’s and St Thomas’ NHS Foundation Trust [19.03.21] - This claim concerned an aortic valve replacement and whether the patient should have been provided with further information in respect of the valve sizes available to be inserted and possible associated treatments.
Case review 23/07/2021
The Court of Protection held that Ms A’s wish for a natural birth was not in her best interests and due to an impairment or disturbance of her mind, she lacked capacity to weigh up the risks of a natural delivery against an elective caesarean section.
Article 21/07/2021
On 2 March 2021, the Victorian Government released the final report of the Royal Commission into Victoria’s Mental Health System. The Commission highlighted the strains on the mental health system and found that people obtaining mental health services ‘are not treated with dignity or respect and are not involved in making decisions about their own treatment, care and support’. It also found ‘an excessive use of restrictive practices and compulsory treatment’.
Article 13/07/2021
For most people, getting their COVID-19 vaccine will be as simple as booking an appointment and presenting for a ‘jab’, but for those who lack capacity to consent to the vaccine, who can be among the most vulnerable to COVID-19, the process is less straightforward. The law in this area involves a careful balancing of the patient’s right to autonomy and self-determination with the right to life and the highest attainable standard of health. While the issue of capacity to consent to medical treatment is far from novel, some recent UK cases relating to COVID-19 vaccine refusal highlight what may be taken into account by a court in such cases.
News 08/07/2021
We are pleased to again report a record turnover of £264m, an increase of 11% on the previous year (£238m).
Article 01/07/2021
With the use of social media by medical professionals becoming more prevalent, it is more important to ensure that any views expressed or material shared on social media comply with the Medical Board of Australia’s (the Board) expectations of medical professionals, even if the material being shared is on a private page without reference to the practice of medicine.
Case review 30/06/2021
Khan v Meadows [18.06.21]: On 18 June 2021, the Supreme Court unanimously dismissed Ms Meadows’ appeal and confirmed losses outside the scope of duty of a doctor’s care are not recoverable.
