Tag: Medical law

Assisted Dying Bill: Why the challenge for MPs is not a lack of information

Posted on by foluke.adebisi

by Colin Gavaghan, Professor of Law, University of Bristol Law School

Anil Douglas said his father, Ian, was suffering from multiple sclerosis and secretly took his own life in February 2019, with his illness at an advanced stage. (AFP pic)

The debate around the latest assisted dying bill – Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill (TIA Bill) – has taken some unexpected turns. The usual arguments around choice and safety, the sanctity of life and dignity in death, have been supplemented by a range of procedural concerns. Some veteran MPs have even expressed the surprising argument that their new colleagues are too inexperienced to fully understand a matter of such importance. On the face of it, this is a remarkable claim; as Hannah White and Jill Rutter wrote in an article for the Institute for Government,  ‘being willing to use one’s personal judgement to decide matters of national importance – without the comforting guidance of the party whips – is a core competence for the role.’ (more…)

Should treatments for covid-19 be denied to people who have refused to be vaccinated?

Posted on by foluke.adebisi

 

by John Coggon, Professor, Law School, University of Bristol

Since the early stages of the covid-19 pandemic, urgent attention has been given to expediting the approval and provision of treatments that are shown to prevent or limit the harms that people experience when they contract covid-19. Such treatments have both reduced the burden of disease and lessened rates of mortality. As with any treatments within a healthcare system, these come against considerations of rationing and prioritisation. Any treatment is a finite resource, and in some instances there may be insufficient supply to provide it to all people who might benefit clinically. How, in such instances, may the NHS best, and most fairly, allocate a limited resource?1

(more…)

Smart technology and patient safety – a double-edged sword?

Posted on by asanchezgraells

By Dr Oliver Quick, Reader in Law (University of Bristol Law School) and Prof Anita Ho, Associate Professor of Bioethics (University of British Columbia).*

This blog explores the implications of a specific type of information and communication technology on healthcare delivery: direct-to-consumer (DTC) self-monitoring devices and smartphone apps. The use of such technology is central to healthcare systems delivering more personalised care, and may be useful given an ageing population, the increasing prevalence of chronic conditions, and the aim of reducing hospital admissions. However, smart technologies may create a double-edged sword for therapeutic relationships and patient safety. When used properly, these technologies may promote safe and effective care by empowering patients to take charge of their own health and promote efficient sharing of relevant health information.  However, if not regulated or incorporated appropriately into clinical care, smart technologies can pose significant ethical and safety concerns. (more…)

Will Judicial Deference to Medical Opinion Undermine the Patient-Focused Standard of Informed Consent to Medical Treatment?

Posted on by legalresearch

By Mrs Louise Austin, Associate Teacher in Medical Law and PhD Candidate in Law (1+3 ESRC) (University of Bristol Law School).

© Rookuzz..

Following the UK Supreme Court’s 2015 decision in Montgomery v Lanarkshire Health Board, which moved away from a model of medical paternalism and established a model of patient autonomy for informed consent to medical treatment, the High Court has recently had the opportunity to apply the new test in Grimstone v Epsom and St Helier University Hospitals NHS Trust. This blog post provides a summary of my case commentary in the Medical Law Review exploring this decision and its implications, which is now available as ‘Grimstone v Epsom and St Helier University Hospitals NHS Trust: (It’s Not) Hip To Be Square’. (more…)

Abortion rights in Northern Ireland

Posted on by legalresearch

A comment on R (on the application of A and B) v Secretary of State for Health [2017] UKSC 41.

By Dr Sheelagh McGuinness, Senior Lecturer in Law (University of Bristol Law School) and Prof Keith Syrett, Professor of Law (University of Cardiff, School of Law and Politics).

The start of June 2017 saw abortion law in Northern Ireland (NI) making the news for several reasons. On June 9th, Theresa May announced that she intended to try and form a government with the Democratic Unionist Party (DUP). Members of this radically conservative party from NI have long been vocal in their opposition to abortion. Some feared that restrictions on abortion legislation might form part of negotiations between the two parties.  On June 13th, the Department of Health published ‘The Report on abortion statistics in England and Wales for 2016’ which contained details on the number of women who travelled from NI to England to access abortion care. Then, on June 14th, the Supreme Court handed down an important decision on NHS funding for women who travel from NI to England to access abortions. These women, save in exceptional cases, must pay for abortion care privately, notwithstanding their status as UK citizens and (in many cases) UK taxpayers. In this blog we examine the Supreme Court decision and the context within which women travel from NI to have abortions in England.

The case

In 2012 A, a 15-year-old girl, became pregnant. She did not want to continue with the pregnancy and with the support of her mother, B, arranged to have a termination in England. A and B were surprised to find out that as A was resident in NI she would have to pay for the termination in England. Believing this to be unfair B, on A’s behalf, started proceedings to challenge the lawfulness of this policy. Their challenge contained two key claims. First, that the Secretary of State for Health was acting unlawfully in refusing to permit women from NI to access NHS funded abortions [the public law claim]. Second, that women in NI were being discriminated against as compared to other women in the UK [the human rights claim].

A and B were unsuccessful in the High Court and in the Court of Appeal. Their appeal to the Supreme Court was dismissed by a majority of 3:2. (more…)

New LLM: Health, Law, and Society

Posted on by legalresearch

By Prof John Coggon, Professor of Law and Co-Director, Centre for Health, Law, and Society (University of Bristol Law School).

Scholars at the University of Bristol Law School have enjoyed a longstanding presence at the forefront of research in health law, and the undergraduate unit in Medical Law has become one of the most popular options on our degree programme. The School is home to leaders in fields that examine health law topics such as reproduction, mental health, public and global health, medical innovation, public procurement, and professional regulation. Our academics explore these issues from critical perspectives that include ethical, justice-based, historical, regulatory, economic, political and socio-legal approaches. As well as leading in research and education, we have close engagement with bodies responsible for advocacy, regulation, standard-setting, professional training, and providing ethical review and advice.

In reflection of this excellent concentration of expertise and experience, we have founded a new research Centre and are launching an exciting LLM Programme in Health, Law, and Society. Our aim with this innovative degree is to advance a course that looks at, but also reaches far beyond, questions concerning medicine and healthcare, to incorporate knowledge and understanding of how law and governance across all social and political sectors may impact health—for better or for worse. The breadth and depth of study on the course, reflecting directly our diverse range of teaching and research interests, is enhanced by the inclusion throughout the year of guest sessions led by scholars and specialists whose work and practice afford them unique insights and perspectives. (more…)