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Healthcare claims and legal advice for claiming healthcare compensation including care home claims in the UK.

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 - 30/10/13

Appeal concerning a declaration made under s. 15, Mental Capacity Act 2005 raising the issue of the correct approach to an assessment of whether it is in the best interests of a patient who lacks capacity to receive life-sustaining treatment. Appeal dismissed. Held: The fundamental question is......

David Sandeman Boath v. Perth and Kinross Council [2009] CSOH 66

This cause was remitted from Perth Sheriff Court and raised important questions concerning the Community Care and Health (Scotland) Act 2002. It was submitted on behalf of the pursuer that a range of services provided by the defenders to him and to his late wife should have been provided free of ......

General Medical Council, R (on the application of) v Kemm [2006] EWHC 52 (Admin) (12 January 2006)

GMC Proceedings. In the circumstances, the GMC had not owed a duty of fairness to the Singapore Medical Council in deciding not to pursue a charge against a GMC-registered doctor who had been found guilty of professional misconduct in Singapore. ......

Khokhar v Health Professions Council, High Ct (Admin) 20/10/2006

A clinical scientist's fitness to practise was clearly impaired by reason of lack of competence where the evidence showed a substantial number of errors across a broad area, concerning different topics and over a considerable period of time. It was clear from the evidence that those were serious er......

Lloyds Pharmacy Limited for Judicial Review of the decision of Lanarkshire Health Board of 17 December 2009 [2010] CSOH 86

Petition for Judicial Review:- The petitioners, Lloyds Pharmacy Ltd, averred that Lanarkshire Health Board's decision to refuse their application for a minor relocation of their pharmacy under Regulation 5(1) of National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, was unla......

Moreton, R (on the application of) v Medical Defence Union Ltd. [2006] EWHC 1948 (Admin) (26 July 2006)

The Medical Defence Union was not amenable to judicial review. It could neither be said to be a "public body" nor did it exercise a "public function" in a respect that affected the claimant. ......

R (on the application of McDonald) (Appellant) v Royal Borough of Kensington and Chelsea (Respondents), [2011] UKSC 33

Background This appeal concerns the question of whether the Royal Borough acted unlawfully in seeking to amend Ms McDonald's care package by substituting her night time carer with provision of incontinence pads or absorbent sheets when Ms McDonald was not in fact incontinent. Th......

R v Swindon NHS PCT & Anr, CA (Civ Div) 12/4/2006

Health & PCT policy refusing funding for treatment with an unlicensed drug. The policy of a primary care trust to refuse funding for treatment with an unlicensed drug save where exceptional personal or clinical circumstances could be shown was irrational, as the policy could not be rationally ex......

R v Trafford Healthcare NHS Trust, High Ct (Admin) 22/9/2006

Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11. ......

Re K (A Child) High Ct (Fam Div) 9/5/2006

Withdrawal of life-saving treatment from child with severe neuromuscular disorder. The withdrawal of life-prolonging treatment was in the best interests of a five-month-old child with a severe neuromuscular disorder who was experiencing a pitiful existence in hospital. ......

Smith v North Eastern Derbyshire PCT & Anr, CA (Civ Div) 23/8/2006; Times, September 11, 2006

Statutory duty to consult patients. A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount t......

Smith v North Eastern Derbyshire Primary Care Trust & Anr, CA (Civ Div) 23/8/2006

A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to de......

Wakefield v Channel Four Television Corp & Ors [2006] EWHC 3289 (QB) (21 December 2006)

Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 a......

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