Mercy killing. Assisted suicide. The dependent patient. Withholding treatment. The practice of me... more Mercy killing. Assisted suicide. The dependent patient. Withholding treatment. The practice of medicine and the civil and criminal law. Legal protection for patients and doctors. The role of judges. The role of politicians.
Mercy killing. Assisted suicide. The dependent patient. Withholding treatment. The practice of me... more Mercy killing. Assisted suicide. The dependent patient. Withholding treatment. The practice of medicine and the civil and criminal law. Legal protection for patients and doctors. The role of judges. The role of politicians.
The doctor suspects or knows that the patient will or might commit suicide. If the patient does i... more The doctor suspects or knows that the patient will or might commit suicide. If the patient does in fact commit suicide, is the doctor or the health authority liable?
The patient suffering an injury and suing the doctor must establish a causal connection between t... more The patient suffering an injury and suing the doctor must establish a causal connection between the operation and the injury. If the doctor was not negligent in carrying out the operation, the patient can still succeed if the doctor did not inform and warn him of the predictable risks, however slight those risks might be, if they would or might have influenced the decision of the patient to consent or not.
The patient had a neurosurgical operation and came out suffering neurological damage. Was the neu... more The patient had a neurosurgical operation and came out suffering neurological damage. Was the neurosurgeon negligent in carrying out the operation? Did he negligently fail to warn the patient of the risks? If the neurosurgeon was negligent, on what basis are the damages to be assessed? These issues arose in Chester v Afshar (2002) EWCA Civ 724; (2002) 3 All England Law Reports 552.
In the UK, patients have a statutory right to refuse treatment. Parliament has authorised &#3... more In the UK, patients have a statutory right to refuse treatment. Parliament has authorised 'advance decision' whereby a person can specify his or her wishes regarding further medical treatment. Although the advance decision may give a person peace of mind, it could create real problems for doctors and other healthcare professionals. This article will examine the conditions and procedures surrounding the drawing up of an advance decision as well as some of the problems that could arise such as layman's language.
The new concept in civil litigation is that of the single joint expert (SJE). Is it a good concep... more The new concept in civil litigation is that of the single joint expert (SJE). Is it a good concept or a bad concept? What are the merits and demerits? What changes in practice are emerging?
... Lord Steyn in R v. A (no 2),9 said (in a rape case) that the interpretive obligation of secti... more ... Lord Steyn in R v. A (no 2),9 said (in a rape case) that the interpretive obligation of section 3 is strong. ... Is this compatible with the Convention? In Clayton v. Clayton,12 following the conclusion of child proceedings, the father wished to publicize the proceedings and the story. ...
... The Medical Treatment (Prevention of Euthanasia) Bill 2000, Ann Winterton, sought to criminal... more ... The Medical Treatment (Prevention of Euthanasia) Bill 2000, Ann Winterton, sought to criminalise the withholding of hydration and ... matter (Hodder and Stoughton, 1999) featuring interviews with Admiral, Ferguson, Howe, Ludovic Kennedy, Nitschke, Melanie Phillips, Cicely ...
... LR 162-6. Smith 'Codifying the Criminal Law', [1984] 5 Stat. LR 17-28. ... Does it ... more ... LR 162-6. Smith 'Codifying the Criminal Law', [1984] 5 Stat. LR 17-28. ... Does it avoid any possible misunderstandings? Does it widen or narrow any mean-ing that would or might be there but for the definition? What is intention but the purpose to cause the results? ...
... 2 Spencer Maurice, The Charities Act WOO (I960) 24 Conveyancer <NS) 390, 391-2. 3 Though m... more ... 2 Spencer Maurice, The Charities Act WOO (I960) 24 Conveyancer <NS) 390, 391-2. 3 Though mostly old; but see Dingle v. Turner [1972 ... A Statutory Definition of Charity 65 Uses Act 1601 and the classification by Lord Macnaghten in Commissioners for the Special Purposes of ...
... 2 Spencer Maurice, The Charities Act WOO (I960) 24 Conveyancer <NS) 390, 391-2. 3 Though m... more ... 2 Spencer Maurice, The Charities Act WOO (I960) 24 Conveyancer <NS) 390, 391-2. 3 Though mostly old; but see Dingle v. Turner [1972 ... A Statutory Definition of Charity 65 Uses Act 1601 and the classification by Lord Macnaghten in Commissioners for the Special Purposes of ...
... An investigation by an investigating officer, eg the appropriate senior probation officer, mu... more ... An investigation by an investigating officer, eg the appropriate senior probation officer, must be conducted under the Police and Criminal Evidence Act 1984 s. 67(9) and PACE Codes of Practice 1995, see Code C. Or by analogy. ... Alec Samuels JP Probation Committee Member
... Page 3. "De MiN'iMis Non Curat Lex" 169 breaches can usually be readily rectif... more ... Page 3. "De MiN'iMis Non Curat Lex" 169 breaches can usually be readily rectified, without injustice, and the perpe-trator made to pay the costs thrown away. ... It is really nothing. The objection is petty, risible, absurd, pathetic. ...
... 1. Care and treatment for purposes of divorce proceedings.- (1) Notwithstanding anything in s... more ... 1. Care and treatment for purposes of divorce proceedings.- (1) Notwithstanding anything in subsection (2) of section 1 of the Matrimonial Causes Act, 1950, or subsection (3) of section 6 of the Divorce (Scotland) Act, 1988, a person shall be deemed to be under care and ...
Is there such a thing as a constitutional statute? If so, how does it differ from any other statu... more Is there such a thing as a constitutional statute? If so, how does it differ from any other statute? If different how significant, if at all, is the difference? Is the technique of judicial interpretation the same or different?
This article considers situations where treatment is refused and whether this is reasonable takin... more This article considers situations where treatment is refused and whether this is reasonable taking into account statutory duties, efficacy of treatment, the role and advice of NICE, local and general resources. What should be the priorities for treatment? Eligibility for treatment, the economic case for an early intervention and/or preventative medicine, caesarean sections, human rights, examples from the cases.
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