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The Honourable Mr Justice Hayden, Vice President of the Court of Protection, has issued updated guidance on applications relating to serious medical treatment.
Case review 2019-11-20
High Court decision relating to medical decisions and a child’s best interests.
We have highlighted that NHS trusts, private hospitals and clinical commissioning groups (CCGs) need to prepare for new responsibilities under the regime governing the deprivation of liberty of those without the mental capacity to consent to it.
We consider how technological developments in patient-led care over the next 10 years could be used to alleviate pressure on the NHS and other healthcare providers and how the healthcare sector can prepare for changes to come.
The Mental Capacity (Amendment) Bill is currently making its way through parliament. We explore some of the practical and financial implications of the proposals, for local authorities, the NHS, and the private sector.
Case review 2018-11-15
This case considered the scope of the duty of care owed by healthcare professionals to non-patients, confirming that it would only arise in the most novel of cases.
Case review 2018-10-30
The Supreme Court have ruled that Emergency Department receptionists owe a duty of care to patients not to provide misleading information about waiting times. This is a further example of the growing litigation surrounding the expansion of the duty of care Trusts owe outside of the more traditional doctor-patient relationships.
Case review 2018-10-03
The Court of Appeal upheld earlier case law that a court was not obliged to draw adverse inferences against a party for failing to produce a witness. This case went further and provided clarity on what factors a court should consider when deciding what inferences should be made.
Where does the clinician stand in a post-Montgomery landscape of consent, where patients are akin to consumers? And how can you ensure your approach to consent, especially in elective surgery is up-to-date, patient-focussed and likely to withstand the scrutiny of a clinical negligence lawyer?
A new report has highlighted some important areas for attention that could help to reduce suicides. In response, NHS Resolution has made nine recommendations for NHS Trusts and national bodies to highlight potential lessons for those delivering mental health services.