To the ICU clinician, the facts of this case are notable for their ordinariness. This is obviously an unimaginably sad situation for the person and for the family involved, but this sort of clinical situation evolves every day in intensive care units around the country.
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Ambiguity and uncertainty in clinical reasoning
“So, I would not only allow but would actively encourage video recording, especially by family members, and especially of observed behaviours the family believe may not have been seen or noticed by clinical observers. If this is openly discussed at an early stage, the clinical team can, at the same time, point out that any recorded material must not be disseminated beyond those people who have a legitimate personal relationship with the patient”
Use of videos in assessing consciousness: A clinical perspective
The pandemic has had very many devastating effects, one of which is that it has denied families the experience of being able to spend time at the patient’s bedside. From the clinical perspective this has had several adverse consequences.
Seeing is Believing? Patient Videos in Life-Sustaining Treatment Disputes
“The dispute about RS’s treatment spread well beyond his treating team and his family. It spilled out from the bedside to the courts and into the public domain and then back again through the legal system (including the Court of Protection, the Court of Appeal, and the European Court of Human Rights). There were many powerful forces at play, and a huge clash of religious and cultural values. The persuasive power of video was a crucial lightening rod in how the story played out.”
A life worth living? The importance of advance decisions
I joined the hearing expecting to come out of it with an increased understanding and experience of the law in this area, which would complement my studies. However, to my surprise, I left with an increased personal awareness of the importance discussing these often ‘taboo’ and topical subjects.
Parents in conflict over life-sustaining treatment for their daughter
The judge invited her mother to choose a pseudonym (for the published judgment) that her daughter might have liked. She is anonymised as “Lilia” – the name of her favourite teddy bear.
Delay in a Section 21A Challenge to the Capacity Requirement
One obviously concerning aspect of this case is that Mr B’s (possibly unlawful) deprivation of liberty has been going on for a long time. I’m not sure when he moved into the care home, or at what point he started objecting to living there, but proceedings challenging his detention began more than a year ago, in January 2020.
How not to do open justice in the Court of Appeal
“There’s clearly a case for saying that skeleton arguments should normally be automatically available to observers in a public hearing and provided to us by counsel in a suitable format. “
Visual Monitoring, Deprivation of Liberty and Human Rights
By Claire Martin, 6th March 2021 Inspired by the Open Justice Court of Protection Project, I have attended several Court of Protection hearings over the past 8 months (and blogged about some of them too). As a psychologist working with older people in the NHS, I have found these observations valuable continuing professional development. They are a great educationContinue reading “Visual Monitoring, Deprivation of Liberty and Human Rights”
Treatment for testicular cancer for autistic learning disabled man
By Celia Kitzinger, 3rd March 2021 There was a positive outcome to the hearing before Mrs Justice Lieven on Wednesday 27th January 2021. After listening to evidence from the treating clinicians and an independent expert consultant in oncology, the Trust and the mother of “RB” (as he is called in the court documents) came to anContinue reading “Treatment for testicular cancer for autistic learning disabled man”
Promoting Open Justice in the Court of Protection 