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Medical Law

Landmark judgment on informed consent in medical cases

Montgomery v. Lanarkshire Health Board [2015] UKSC 11

On 11th March 2015 the UK Supreme Court overturned the 1980s Sidaway judgment on informed consent in medical cases.  In Sidaway the House of Lords held that it was, on the whole, a matter for doctors to decide how much to tell patients about the risks of treatment, and that therefore you could not sue your doctor in negligence for failing to inform you of a risk if other reasonable doctors would not have informed you of the risk.

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Medical Law

Assisted Suicide

On 25th June the Supreme Court delivered its judgment on three legal challenges on the law relating to assisted suicide.

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Medical Law, Right to Life, Suicide

Appeals lodged in JR65 case

You may recall the Judicial Review case concerning Northern Ireland’s lifetime ban on gay men giving blood that was covered in our October 2013 Update. 

The Court held that the Northern Ireland Health Minister’s decision to retain the permanent ban on gay men giving blood was ‘irrational’.  He also ruled that the decision to retain the ban should not have been dealt with at Stormont, insisting it was a reserved matter and the responsibility of UK Health Secretary Jeremy Hunt.

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Medical Law

Muslim family loses challenge against decision not to intensively resuscitate family member

In a similar case, a devout Muslim family took a legal challenge against a NHS Trust on behalf of their father, who is in a minimally conscious state. The Trust had decided that it would not be in the father’s best interests to be intensively resuscitated or be admitted into intensive care if his condition deteriorated. 
The family sought to argue that the father’s suffering brought him closer to God.

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Medical Law

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