By Prof Judy Laing, Professor of Mental Health law, Rights and Policy (University of Bristol Law School)
As the general election approaches and you consider whether to use your vote, spare a thought for the thousands of people who are detained in psychiatric hospitals or living in residential care/nursing homes, and who may not even realise that they are entitled to vote, or be given the opportunity to do so.
Government statistics suggest that there were 21,439 people reported as being subject to compulsory detention under the Mental Health Act 1983 on 31st March 2018, and over three quarters of these people were being detained in hospital in England. The majority of these detained patients have the same right to vote as the general population, but they are one of the most disenfranchised groups in society. Surveys have found that psychiatric in-patient uptake and knowledge of voting rights is generally poor. For example, a study on the general election in 2010 found that eligible psychiatric in-patients were half as likely to register as the general population; half as likely to vote if registered, and patients who had been in hospital for longer periods were particularly affected. Moreover, research also suggests that knowledge of patients’ voting rights amongst mental health professionals could be improved.(more…)
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…)
By Mrs Louise Austin, Associate Teacher in Medical Law and PhD Candidate in Law (1+3 ESRC) (University of Bristol Law School).
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 LawReview 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…)