“Burdensome and futile” treatment and dignity compromised: Poor practice at a leading UK hospital

The RHN clearly failed to provide high-quality, patient centred care – and part of this Court of Protection judgment is dedicated to exploring why this happened and what lessons might be learned. 

C-section and anaesthesia: An unexpected unified decision

There had been two major changes in the situation since the first hearing a week ago. Firstly, SM’s baby was now in the breech position. Secondly, as expressed by Mr Justice Holman, the Trust was now “not necessarily resistant to doing some form of spinal anaesthesia on the day if that is her express preference and she is cooperative”. 

Eight Litigants in Person

My sense, for this family, was that they had not had the opportunity to have a conversation with one another about their various grievances – and they seemed to have an appetite to do so, or at least to air them and have them heard. The court setting is not able to facilitate this in the way they might have needed emotionally, yet I thought DJ McIlwaine offered a textbook illustration of how to, sensitively yet determinedly, conduct a hearing with LIPs – quite a feat with so many LIPs to boot! 

Does P have capacity to consent to sale of a house and move to residential care?

By Celia Kitzinger, 11th November 2021 Editorial update: Some of the ‘facts’ conveyed in this hearing turned out later not to be true. Check out the subsequent hearing in this case which corrects some of the ‘facts’ reported here: “Approving a conveyancing plan to move P to residential care“ “I have concerns over a wholeContinue reading “Does P have capacity to consent to sale of a house and move to residential care?”

Reflections on Disability and Reproductive Justice in a court hearing

P’s awake while giving birth, adding layers of complexity to what could be considered P’s best interests because she raised the importance to her of bonding and the symbiotic relationship between mother and baby. To her, being awake and with her partner are fundamental to establishing that relationship. Without her ability to participate, how could the court have recognised this? 

Capacity to refuse intensive care

Gaby Parker and Celia Kitzinger, 30th October 2021 A man in his 40s (PH) has bronchiectasis.  Last night his oxygen levels became seriously low (79%) and doctors raised with him the possibility of transfer to the intensive care unit, or to high dependency care. He refused to go.  He’s made it unambiguously clear that he’ll consent toContinue reading “Capacity to refuse intensive care”

A judicial U-turn? From ‘no contact’ to ‘main carer’

At an emergency hearing on 24th September 2021, His Honour Judge Tindal issued an injunction against Miss F preventing her from having any contact with Mr G (Case 13382192). At the hearing I attended on 21st October 2021, not only was the injunction made in September lifted, but the court encouraged Miss F to have as much contact with Mr G as possible.

A COVID Vaccination hearing: Observations of an aspiring medical student

By Eloise Crang, 19th October 2021 I’m a medical applicant, currently sitting my last year of A-levels studying Maths, Chemistry, and Biology, so I was delighted at the opportunity to observe a real-life medical ethics case in play. Having mainly read about these sorts of scenarios in medical books, or when revising for the situationalContinue reading “A COVID Vaccination hearing: Observations of an aspiring medical student”

When another assessment is not needed: Best interests decision-making for a patient with a prolonged disorder of consciousness

s going to be, what would he have decided? He was not going to decide that on the basis of a SMART score.”

What happens when Lasting Power of Attorney goes wrong?

“There had been a major family falling out between the LPA and her siblings. They saw her as “controlling”, “aggressive” and “paranoid” and said she had imposed unnecessary restrictions on their right to see their mother.” The judge said, ““I appreciate there’s a family dynamic, and it’s tragic to see it play out”.