Case studies

Medical law

Examples of our work in this area

• Swine Flu: This was an extremely difficult piece of advice looking at the implementation of the Department of Health Guidance on allocation of resources for intensive care beds in the event of the swine flu pandemic and how the National Guidelines were to be applied at a local level. We reviewed protocols for a particular hospital trust. Potential legal challenges to the individual trust’s policy were considered.
• Tamil Hunger-Striker: We advised two major London healthcare bodies on the validity and applicability of the advanced decision prepared by a hunger striker. Preparations were made for the matter to be heard by a High Court Judge before a resolution was reached and the hunger strike was called off. We had discussed with the ambulance trust how their staff should respond to this difficult situation. The case naturally attracted a large amount of media attention but our objective was to avoid the focus of this attention being put on to healthcare staff and the medical treatment they provided.
• HIV positive pregnant mother refusing anti-retroviral treatment: The parents of an unborn baby refused to allow doctors to provide anti-retroviral treatment to their child once it was born on the basis of their own religious beliefs. The treatment in question has to be administered within four hours of birth in order to ensure maximum benefit. As the order from the Court could not be obtained before the child was born we undertook the necessary preparation, including liaison with social services and obtained the Order in the early hours of the morning within a very short time of a child’s birth. The child was treated successfully.
• We have advised NHS bodies throughout the country on issues relating to safeguarding children.  This has included advising the NHS bodies involved in the deaths of Victoria Climbie and Baby Peter.