Medical law

We live in interesting times: changing models, mental health and (in)capacity law in Scotland

We live in interesting times: changing models, mental health and (in)capacity law in Scotland

When enacted at the start of this century, Scotland’s mental health and capacity legislation was regarded as world leading in its principled and rights-based approach to interventions concerning persons with a mental disorder. Such laws reinforced respect for an individual’s autonomy in requiring that non-consensual interventions only occur as a last resort (providing a benefit. Read more

Teaser – Personal Injury Schedules: Calculating Damages

Teaser – Personal Injury Schedules: Calculating Damages

In cases of serious or catastrophic injury, the largest and most important elements of the damages claim are those for future accommodation and future care. The new edition of Personal Injury Schedules: Calculating Damages ensures that practitioners are aware of all of the latest developments in these areas, so that they do not miss any. Read more

Restraint and Deprivation of Liberty in Medical Treatment

Restraint and Deprivation of Liberty in Medical Treatment

Lurking in the background of any consideration of the treatment to be given to somebody who lacks capacity or suffers from severe mental illness is the prospect of compelling the patient to receive the care or treatment, whether they like it or not, and whether or not they are prepared to agree or cooperate. Restraint. Read more

Going to Court in Medical Treatment Cases

Going to Court in Medical Treatment Cases

Whether in the High Court or the Court of Protection, judges considering medical treatment cases have as their focus the best interests of the person who is the subject of the proceedings.* While the procedural rules must of course be observed, the need to achieve the right result for that person requires an emphasis on. Read more

Deciding for Children in Medical Treatment

Deciding for Children in Medical Treatment

In English law a child is any person under the age of 18. As might be expected, the law recognises that children do not possess the same capacity to make decisions as adults. As will be seen, however, much depends on the age of the child. Consent to medical treatment of a child can be. Read more

Deciding for others in medical treatment

Deciding for others in medical treatment

Traditionally, the High Court exercised its inherent jurisdiction when making declarations or orders in relation to medical treatment issues. However, on 1 October 2007 the Mental Capacity Act 2005 (‘MCA’) came into force and provided a statutory framework to assist with the decision-making process for people who lack capacity. The provisions of the MCA extend. Read more

Product liability for medicinal products

Product liability for medicinal products

Dr Anthony Barton and I , along with the authors of this particular section, Charles Gibson QC, Geraint Webb QC, and James Purnell,  were delighted to read Mr Justice Hickinbottom’s judgment in Wilkes v Depuy, on the 6th December. ‘Risk-benefit in this context is explained in the commendable consideration of the issues surrounding “Product liability for. Read more

"Leave the common law of clinical negligence alone…" – John Baron MP

"Leave the common law of clinical negligence alone…" – John Baron MP

Clinical Negligence Launch Party – 20th January, Lincoln’s Inn The evening of Wednesday 20th January marked the launch of the 5th edition of Clinical Negligence, by Dr Michael Powers QC, Dr Anthony Barton and a team of 54 expert contributors. It was held in the Great Hall at Lincoln’s Inn – an impressive venue for an. Read more

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