Medical Risk Disclosure at the Margins
@mrdm_epic
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A socio-legal project examining the values, law and practice of informed consent (EPIC for short).
Manchester, Durham, Leeds, Leicester, UEA
Joined June 2018
We are a socio-legal project examining the values, law and practice of informed consent (EPIC) in marginal settings - Sarah Devaney, @profEmmaCave, Rob Heywood, Jose Miola, @craig_j_p and @carolin_sanders
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An article by Rob Heywood on systemic negligence and NHS hospitals has now been published in the King's Law Journal:
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New article by Rob Heywood et al: Lost Voices in Research: Exposing the Gaps in the Mental Capacity Act 2005 - Rob Heywood, Hayley Ryan, Anne Killett, Peter Langdon, Yvonne Plenderleith, Ciara Shiggins, Karen Bunning,
journals.sagepub.com
Despite laudable intentions, since its inception, the Mental Capacity Act 2005 of England and Wales (MCA) has proved to be a controversial piece of legislation....
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Next @DurhamCELLS seminar by @israblack , 'Transformative experience and adolescent capacity to refuse life-prolonging medical treatment', 2 May https://t.co/683JyyasEX
#Biolaw #Bioethics
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Excellent analysis of questions raised by Montgomery and how Sinapore CA case Hii Chii Kok might help address them. Must read for those interested in law of #informedconsent
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New damages case this week for COP practitioners. High Court AWARDS (not just approves) damages of £4000 per month (plus aggs) for wrongful detention of an incapable patient after several breaches of the MCA by an NHS Trust. Esegbona v Kings College Hospital [2019] EWHC 77 (QB)
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Interesting case
Kennedy v Frankel [2019] EWHC 106 Neurologist had been negligent by failing to properly advise a patient in relation to risks of side effects of her Parkinson’s medication and failing to offer an alternative medicine when side effects a behavioural disorder began to emerge
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Article by us on Montgomery: The far-reaching implications of Montgomery for risk disclosure in practice - Sarah Devaney, Craig Purshouse, Emma Cave, Rob Heywood, José Miola, Nina Reinach, 2018
journals.sagepub.com
The UK Supreme Court held in Montgomery v Lanarkshire HB (2015) that practitioners must take reasonable care to ensure patients are aware of any material risks ...
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Watch again: @law_uom's Dr Sarah Devaney's CHLS Seminar on risk disclosure and the impact of #Montgomery on #healthcare practice https://t.co/3CRoWXyyDI
@mrdm_epic @BristolUniLaw
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New HCt vicarious liability case. No VL for locum doctor who proselytized patient outside of surgery appointments, although initial meeting arranged during appointment.
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Significant (if short) Court of Appeal decision on scope of duty in the case of child born with both haemophilia and autism (when his mother had sought screening for haemophilia and would not have proceeded with the pregnancy if it had been discovered)
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My review of the moral distress literature published in @NursingEthicsJ1 As ever thanks to @wellcometrust for support.
journals.sagepub.com
Aims: The aim of this narrative synthesis was to explore the necessary and sufficient conditions required to define moral distress. Background: Moral distress ...
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Medical error is among the leading causes of death. How should we respond? My recent work on #medicalerror is now published online @JME_BMJ @IMEweb #bioethics #patientsafety #moralresponsibility
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Para [32]-[33] rejects relevance of Bolam in favour of MCA (@JeanMcHale2 will 🙂), but MCA requires reasonable belief and for health professional Bolam is a good measure of that. Not different test but surely relevant? UCLH v KG [2018] EWCOP 29
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When you’re making a decision about your treatment and care what matters to you? We want to hear your views to help develop revised guidance for doctors on decision making, consent and working in partnership with you, the patient. #decidingtogether
gmc-uk.org
Information about the consultation and review of the our Consent guidance
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Wonderful being in Edinburgh on @ScotParl academic fellowship. Working with the SPICe health team on a briefing on informed consent.
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Mental Capacity (Amendment) Bill – highlights from final day of Lords Committee stage
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Out today in hardback Revisiting Landmark Cases in Medical Law- Routledge. Congratulations @ShaunPattinson of @DurhamLawSchool! #Gillick, #Bland and others by one (female) fictitious judge applying consistent legal theory.
routledge.com
Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and...
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Fantastic post on the law post-Montgomery.
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Dr Sarah Devaney now talking about a new project that examines risk disclosure at the margins following the Montgomery judgment @mrdm_epic
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