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Disciplinary Proceedings
Drugs and Treatment
Medical Records

Ayse Colak and Others v Germany (Admissibility Decision) 8 January 2008

The Strasbourg Court has declared as admissible complaints made pursuant to Articles 2 and 6 of the Convention concerning the failure of a family physician to inform a patient that her partner had AIDS, the alleged failure of the state to provide clear guidelines for the medical profession to follow in such situations and the approach of the domestic courts in civil proceedings issued against the physician.

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin)

Early medical abortion cannot take place at home

Case of A, B and C v Ireland Application no. 25579/05

Ireland must make access to abortion in Ireland easier in life-threatening situations

Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910

Public purse stays closed for morbidly obese man

Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin)

Human Rights, Anti-Obesity Surgery and the NHS Purse

Janet Birch v University College London Hospital NHS Foundation Trust

[2008] EWHC 2237

The duty to inform a patient of the significant risks of a medical procedure was sometimes only discharged if the patient was made aware of an alternative procedure with fewer or no risks associated.

L v Human Fertilisation & Embryology Authority & Secretary of State for Health

[2008] EWHC 2149 (Fam) (Charles J)

The HFEA’s absolute requirement of effective consent for use of continued storage and use of sperm is not incompatible with the right to private and family life under Article 8

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB)

Article 6 not engaged in dismissal of doctor by NHS Trust

R (Bonhoeffer) v General Medical Council [2011] EWHC 1585 (Admin)

Admissibility of hearsay evidence at GMC trial breached Article 6

R (on the Application of AC) v Bershire West Primary Care Trust [2011] EWCA Civ 247

The Court of Appeal has dismissed the appeal of a male-to-female transsexual who was refused NHS funding for breast augmentation surgery.

R (on the application of Debbie Purdy) (Appellant) v DPP (Respondent) & Omar Puente (Interested Party) & Society for the Protection of Unborn Children [HL] [2009] UKHL 45

The right to autonomy under Article 8 is engaged by the criminalization of assisted suicide under the Suicide Act 1961. The absence of a crime-specific policy for the DPP’s consent to prosecution is insufficient to satisfy the requirements of that Article of accessibility and foreseeability in assessing how prosecutorial discretion is likely to be exercised under that section.

R (on the application of Thomas) v Havering London Borough Council: R (on the application of W) v Coventry City Council
[2008] EWHC 2300 (Admin)

Public authorities are not bound to take extreme precautions against all risks to human life in resource allocation decisions

R (On the Application of Victoria June Otley) v Barking & Dagenham NHS Primary Care Trust) [2007] EWHC 1927 (Admin)

In deciding not to fund a treatment for cancer which included a drug that was not normally available for prescription under the NHS, the NHS Trust's reasoning was flawed and irrational because the treatment could prolong the Claimant's life by more than a few months, her case fulfilled the exceptionality criteria under the Trust's policy, and it was not a case in which the availability of scarce resources was a decisive factor.

R(On the application of Ross) v West Sussex Primary Care Trust

Grenfell J [2008] EWHC B15 (Admin) September 10

The refusal by a PCT to allow exceptional treatment for a cancer patient was unreasonable and therefore the decision was unlawful.

W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) and others [2011] EWHC 2443 (Fam)

No "right to die" for minimally conscious patient who had not made a living will


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