A 48-year-old woman who died of a lung embolism and a heart attack after being discharged from hospital. She had been treated in a hospital since 1993 for myotonic dystrophy which is a kind of hereditary muscular disease. In June 2005 while having a pacemaker fitted she had a pneumothorax. She was discharged but returned the next month for tests, complaining she felt tired. Her husband said that she had her heart and lungs tested, samples of blood and urine taken, and data fr
A treating psychiatrist was charged with liability for his patient's homicidal actions in 2010. A lower court decided that the psychiatrist could not have identified the actual victims as targets because the patient had communicated no threats against them during his treatment. An appeal court then examined the duty of a mental health professional to protect a third party when an outpatient occasionally expresses homicidal ideas without identifying the ultimate target. The ma
Please review my blog on 15 November 2017 first before proceeding further on this blog. Gillick competence is a term originating in England and is used in medical law to decide whether a child (under 16 years of age) is able to consent to his/her own medical treatment, without the need for parental permission or knowledge. The ruling holds significant implications for the legal rights of minor children in England in that it is broader in scope than merely medical consent. It
Pandemic: epidemic of disease spread across a large region, such as multiple continents or even worldwide. Endemic: a disease or condition found in a particular group or in a particular area, in jurisdiction. Exotic: a disease which does not normally occur within a particular area, not in jurisdiction. Zoonotic: a disease which can infect human. Notifiable: Animal Health Act 1981 UK (notify to police or veterinary authorities).
Please read the blog on 'The Compatibility between Human Rights and Intellectual Property' on 30 September 2017 before proceeding further on this blog. International treaty law ('convention', 'agreement', 'accord' etc.) - contract; - need to be signed and ratified. Treaty v Customary International Law - states must consider binding upon them 'as law'. International organization - can promulgate or facilitate various types of instrument, some binding and some not. Human rights
Common law is judge made law and professional guidance such as General Medical Council (GMC) is given a lot of weight by judges. It roots in law of equity with importance ascribed to relationships, roles and conscience. Regulation by contract law (relationship) - usually in private healthcare; - unlikely to be applicable in National Health Service (NHS) care setting which possesses employment contract. Regulation by tort law (relationship) - actions between parties where ther
Private life - it is a bigger term because it is more than self, it involves family and relationship. Privacy - it is about seclusion / individualism. Data protection regimes - UK law Data Protection Act 1998; - 'personal data': identification of a living person and 'processed' (i.e. stored and used) in various automatic ways Information governance - information with clearly sensitive context; - managing it appropriately with data protection regimes; - involves anoymization.