Senior Lecturer in Health Law, Swansea University
Following the Second World War the European Convention on Fundamental Rights and Freedoms (1950) (the Convention) was created by the Council of Europe to formalise the relationship between individuals...
The Nursing and Midwifery Council Code (2018), standard 4, requires nurses to act in the best interests of people at all times. This includes balancing the need to act in the best interests with the...
‘To live independently and participate fully in all aspects of life … [including] access, on an equal basis with others, … to information and communications, including information and communications...
The European Court of Human Rights requires that nurses consider three elements when determining whether a person is being deprived of their liberty:.
Under the Mental Health Act 1983, people detained for assessment and/or treatment are allocated a nearest relative. This includes people subject to unrestricted hospital orders, hospital directions...
The organisational duty of candour is imposed on healthcare providers in England under the provisions of the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated...
DNAR notices avoid the inappropriate use of cardiopulmonary resuscitation (CPR) in hospital and settings such as care homes. The notice applies to CPR only and does not exclude the provision of other...
The assessment of a person's decision-making capacity requires the methodical application of the provisions of the Mental Capacity Act 2005 and its code of practice..
‘…nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital … without any application, order or direction...
Negligence is best described as actionable harm and a successful claim has to show that:.
Nurses are generally expected to meet the standard of care set by the profession, employer and the law (Griffith, 2020). In law, the professional standard of care is determined by reference to Bolam v...
There is no statutory definition of death (Grubb et al, 2010). Generally, the Triad of Bichat (Griffith and Tengnah, 2008), which defines death as ‘the failure of the body as an integrated system...
The Public Health (Control of Disease) Act 1984 gives health protection powers to local authorities, which can be used without approval from a court. They also give powers to magistrates to make...
Negligence is a civil wrong or tort and is best defined as actionable harm (Bolam v Friern HMC [1957]). Negligence has developed in English law under the common law by judges setting rules through...
The revised provisions will provide for an administrative system that will be able to authorise the deprivation of liberty of a cared-for person in any care setting, not just hospitals and care homes...
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