Decision-making by 16-18 year olds: Is a child’s refusal to consent to treatment determinative?
A recent case which relates to an under 18 year old Jehovah’s Witness who required blood transfusions, considered whether a child’s refusal to treatment is ever determinative or whether it can be overridden by the courts.
Reform of the Mental Health Act
Following the independent review of the Mental Health Act 1983 (MHA) led by Sir Simon Wessley, the Government’s whitepaper was published on 13 January 2021.
Duty of public involvement and approving a SOC for NHS hospital development
The High Court handed down its judgment in the judicial review case of Glatter v NHS Herts Valleys CCG and West Herts Hospitals NHS Trust. In this insight, we summarise the case and explain what impact the decision will have on the NHS.
Medical Malpractice Forward View 2021
In this year’s forward view, we consider issues ranging from the practicalities of future court hearings in a pandemic to resource arguments that will have to be considered in claims as well as key decisions in the year ahead.
Research and development in life sciences will assume even greater importance as will information governance around the use of apps
Bill Gates’ 2015 TED talk concluded that even with the development of vaccines, global health systems would need to use technology such as mobile phones and satellite maps to ‘track and trace’ the public, in order to prevent another pandemic.
Decision in Maughan may lead not only to an increase in requests for an unlawful killing conclusion at inquest, but have wider consequences
The recent Supreme Court decision in Maughan means that all inquest conclusions (including suicide and unlawful killing) should now be decided on the balance of probabilities, rather than the criminal standard of proof which applied previously.
AI likely to assist in the post-Covid recovery of healthcare services, but could be a ‘disrupter’ in healthcare law
In recent years we have started to see Artificial Intelligence (AI) being used across medicine from radiology reporting to cancer diagnosis and ophthalmology.
Spotlight on two pending court decisions
Two cases awaiting decisions from the Supreme Court and Court of Appeal respectively, could have a significant impact for healthcare organisations.
Safety and learning will remain front and centre in healthcare
Improving safety and learning from medical mistakes is central to reducing harm in healthcare. 2020 saw a number of key reports being published.
The roll-out of digital healthcare is likely to continue apace
The last year has seen a rapid acceleration in the use of remote electronic consultations. Clear benefits to clinicians and patients coupled with pressure on resources mean that we are unlikely to go back to the way things were before.
Resource issues likely to have a significant role in determining the standard of care in claims arising during the pandemic
Patients who have had their treatment for a particular condition delayed due to COVID-19 restricting hospital resources may consider legal action in the future.
Remote hearings and medical examinations likely to continue for the foreseeable future
Remote hearings and medical examinations by video have enabled litigation to progress during the pandemic.