Medical treatment decisions can be uncertain, deeply personal, and controversial It’s these decisions, taken in the heat of the moment, under enormous pressure and with the best of intentions, that can later face intense scrutiny at leisure.
The law should be seen as a guide to ensure appropriate and defensible decision, acting as a ‘shield’ and not just a ‘stick’ to beat clinicians with.
The Supreme Court and Court of Appeal have given key judgments changing the law on consent to treatment, on best interests decisions and end of life / DNAR decisions. Our knowledgeable and experienced team can guide you all aspects of consent to treatment issues.
Representing NHS Trust in relation to a medical treatment dispute concerning the withdrawal of COVID-19 ECMO treatment and ventilation. KM, Re [2021] EWCOP 42 (10 May 2021).
Representing an NHS applicant Trust in the case of Z, Re (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) (24 September 2021) which related to the end of life treatment of a child.
Representing a hospital NHS Trust in the case of Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] EWHC 1982 (Fam) (14 July 2021) concerning the deprivation of liberty in an acute hospital of a 12-year-old child with mental health issues and challenging behaviour.
Obtaining an emergency Court Order permitting a trust to give dialysis against a patient’s wishes to a young man with a learning disability in end-stage renal failure, pending further proceedings to determine whether this would be in his best interests in the long term.
"Fantastic knowledge and connections across and within the NHS. This helps to bring much more than just standard legal advice."
"I feel as though the team I work with are more like an extension of my own team, and whilst maintaining those professional boundaries, are still very approachable."
In our latest Shared Insights session, Focus on Emergency Medicine, chaired by Jennifer Fagin and Amelia Newbold, we were pleased to be joined by: Dr Alex Crowe, Deputy Director Incentive Schemes & Academic Partnerships, NHS Resolution and Consultant Nephrologist and Miss Susie Hewitt MBE, Consultant in Emergency Medicine, University Hospitals of Derby and Burton NHS Foundation Trust.
Every year a high number of patients attend Emergency Departments (EDs) in England, often presenting with complex and wide-ranging symptoms. Many of these challenges were explored in the Getting It Right First Time Emergency Medicine Report, published in 2021.
In this session, our speakers discussed recognising and managing conflict, the benefits of mediation and the practicalities, and the safety and learning perspective.
It is important to bear in mind the legal framework when planning discharge and conveyance plans but practicalities are also key.
Rebecca Fitzpatrick, Helen Badger and Carl May-Smith, Partners at Browne Jacobson provided an overview of the legal frameworks in place that can assist Trusts when managing violent, abusive and racist patients
Montgomery v Lanarkshire Health Board [2015], the impact of the Covid-19 pandemic, patients who lack capacity to make a particular decision and data on consent claims.
Carl May-Smith discusses the guidance and risk assessments for PPE, documenting decisions about PPE strategy and responding to PPE shortages in relation to Covid-19.
