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Richard Griffith

Senior Lecturer in Health Law, Swansea University

Errors and omissions in deprivation of liberty authorisation forms

‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (e) the lawful...

How the prohibition of torture under human rights law applies to nursing

‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ .

How the convention on human rights affects a patient's right to life

‘Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which...

Understanding how human rights law affects nursing practice

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 COVID-19 vaccine and the best interests of a person who lacks capacity

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...

Judging mental capacity to engage safely with social media

‘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...

Positive obligations to protect against deprivation of liberty in the community

The European Court of Human Rights requires that nurses consider three elements when determining whether a person is being deprived of their liberty:.

The role of the nearest relative in mental health law

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 Consequences of Failing to Discharge the Duty of Candour

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...

COVID-19 and the lawfulness of bulk do not attempt resuscitation orders

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...

Assessing capacity in cases of fluctuating decision-making ability

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..

Holding powers in hospitals under the Mental Health Act 1983

‘…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, trauma and nervous shock

Negligence is best described as actionable harm and a successful claim has to show that:.

Duty, indemnity and immunity during the COVID-19 pandemic

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...

The law and death

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...

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