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Legal

Leave of absence under the Mental Health Act 1983

‘Grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as that...

Patient safety, choice and the law: news round-up

People who feel that they may have been wronged by a particular NHS resource allocation decision can access the courts to try to resolve the dispute. There is a well-developed legal framework on NHS...

Treatment as a whole approach to intervention without consent

‘The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering, [not being a form of treatment to which safeguards apply],...

Determining death in cases of severe brain damage

There is no statutory definition of death (Grubb, et al, 2010). Generally the Triad of Bichat, which defines death as the failure of the body as an integrated system associated with the irreversible...

Consent, capacity and minors aged 16 and over

‘Every human being of adult years and sound mind has the right to determine what shall happen to their own body.’ .

The nurse's legal duty to safely delegate tasks and to follow up the outcome

‘… the process by which you (the delegator) allocate clinical or non-clinical care and support to a competent person (the delegatee). The delegator will remain responsible for the overall management...

Concerns over the use of consent to remove a baby into local authority care

The Children Act 1989, section 20 concerns the duty of a local authority to provide accommodation for children in need. It contains no compulsory provisions and no compulsory curtailment of parental...

Patient rights and the cost of health litigation: you don't ‘win’ compensation

The economic argument is often used by those who are arguing for changes to our compensation system and litigation cost containment measures. The argument goes that the money paid out to those injured...

The regulation of medical devices in the UK: recent changes

‘Any instrument, apparatus, appliance, software, implant, reagent, material or other article intended by the manufacturer to be used alone, or in combination, for human beings…’. .

The clinical negligence system reform debate is heating up

‘Former health secretary Jeremy Hunt has questioned whether clinical negligence lawyers are blocking vital reforms because the status quo is too lucrative to change.’ .

Disputes about a person's best interests: Is there a need to go to court?

The Mental Capacity Act 2005 does not define a best interest. Instead, it sets out a checklist of factors that have to be taken into account when determining the best interests of a person who lacks...

Should we reform the clinical negligence system in 2022?

‘Ministers are working on a total overhaul of the “outdated” system of clinical negligence compensation within the NHS … the health and social care committee [was told] that a review of the system...

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