This website is intended for healthcare professionals
This website is intended for healthcare professionals
Senior Lecturer in Health Law at Swansea University
The assessment of a person's decision-making capacity requires the methodical application of the provisions of the Mental Capacity Act 2005 and its code of practice..
‘…nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital … without any application, order or direction...
Negligence is best described as actionable harm and a successful claim has to show that:.
Nurses are generally expected to meet the standard of care set by the profession, employer and the law (Griffith, 2020). In law, the professional standard of care is determined by reference to Bolam v...
There is no statutory definition of death (Grubb et al, 2010). Generally, the Triad of Bichat (Griffith and Tengnah, 2008), which defines death as ‘the failure of the body as an integrated system...
The Public Health (Control of Disease) Act 1984 gives health protection powers to local authorities, which can be used without approval from a court. They also give powers to magistrates to make...
Negligence is a civil wrong or tort and is best defined as actionable harm (Bolam v Friern HMC [1957]). Negligence has developed in English law under the common law by judges setting rules through...
The revised provisions will provide for an administrative system that will be able to authorise the deprivation of liberty of a cared-for person in any care setting, not just hospitals and care homes...
‘An assault on any individual or citizen in our society is a terrible thing, but an assault on an emergency worker is an assault on us all. These people are our constituted representatives. They...
In its NHS fraud benchmarking report the audit provider RSM found fraud in the NHS increasing by 17% a year. Some 16% of fraudulent activity in 2016 concerned staff working while on sick leave with a...
The EU recognises that some patients' clinical need for medicines cannot be met by the current range of licensed medicines, or that it is simply not commercially viable for a pharmaceutical company to...
Under English common law, a superior court, the High Court rather than the Court of Protection, has the jurisdiction to hear any matter that comes before it, unless a statute limits that authority....
In R(Burke) v GMC [2005], the Court of Appeal held that, once a patient is accepted by the hospital trust, nurses come under a positive duty to care for the individual. A fundamental aspect of this...
The Health Secretary has recently suggested that the government would not rule out compulsory vaccinations in England to overcome the public health risk caused by lowered immunisation rates (Mohdin,...
The Law Commission (1995) defined an ADRT as:.
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