Legal
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‘Ministers are working on a total overhaul of the “outdated” system of clinical negligence compensation within the NHS … the health and social care committee [was told] that a review of the system...
The health professional's duty to warn of preconception risks
‘… whether, in the circumstances, a reasonable person in the patient's position would be likely to attach significance to the risk, or the [nurse] was or should reasonably be aware that the...
Causing or inciting sexual activity with persons who have a mental disorder
‘For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.’ .
Questioning the validity of an advanced decision to refuse treatment
The Law Commission (1995) defined an advance decision refusing treatment as:.
The right to respect for family life, consent, minors and Gillick competence
The United Nations Convention on Children's Rights defines a minor as any person under the age of 18 years. It requires that childhood is recognised as a developmental period and that our domestic...
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