The medical professions are to press the justice secretary, Jack Straw, today to exempt personal medical records from the widespread data-sharing powers in his coroners and justice bill. A letter from eight healthcare organisations states they have "grave concerns" that clause 152 of the bill would grant unprecedented powers to access people's confidential medical records.
Concerns about data sharing may undermine doctors’ and patients’ confidence Committee stage discussions in parliament are currently under way on the Coroners and Justice Bill. Although most of the clauses relate to amendments to the coronial system, clause 152 is receiving substantial attention in the press. Clause 152 would allow all government departments to use a fast track procedure to share data without parliamentary debate. It includes a provision that allows ministers to "remove or modify any legal barrier to data sharing." The explanatory notes say that, "This could be by repealing or amending other primary legislation, changing any other rule of law (for example, the application of the common law to confidentiality to defined circumstances), or creating a new power to share information where that power is currently absent."
Comprehensive guidance for doctors on care at the end of life, including difficult decisions on when to provide, withhold, or withdraw life prolonging treatment, will go out for consultation from the UK’s General Medical Council in March. The draft guidance was approved by the council at its February meeting, subject to minor amendments. The consultation will be launched in the week beginning 23 March and will end in July. The new advice takes account of the Mental Capacity Act 2005; government strategies on end of life care in England and Scotland; GMC guidance in 2007 on consent; recent research; and a Court of Appeal judgment on a legal challenge to the GMC’s 2002 guidance Withholding and Withdrawing Life-Prolonging Treatments (Burke).
There is evidence from outside the UK to show that physicians’ religious beliefs influence their decision making at the end of life. This UK study explores the belief system of consultants, nurse key workers & specialist registrars & their attitudes to decisions which commonly must be taken when caring for individuals who are dying. Results showed that consultants’ religion & belief systems differed from those of nurses & the population they served. Consultants & nurses had statistically significant differences in their attitudes to common end of life decisions with consultants more likely to continue hydration & not withdraw treatment. Nurses were more sympathetic to the idea of PAS for unbearable suffering. This study shows the variability in belief system and attitudes to end of life decision making both within and between clinical groups. The personal belief system of consultants was not shown to affect their overall attitudes to withdrawing life-sustaining treatment or PAS.
Parents battling to keep their seriously ill baby alive have failed to overturn a ruling allowing him to die. The nine-month-old boy has a rare metabolic disorder and has suffered brain damage and respiratory failure. The couple had appealed against a judge's ruling on Thursday that it was in the boy's best interests to withdraw his "life sustaining treatment". The High Court ruling gives doctors at an unnamed NHS trust powers to turn off the ventilator keeping "baby OT" alive.
The GMC is consulting on new draft guidance, End of life treatment and care: Good practice in decision-making. The new guidance updates and builds on our existing publication Withholding and withdrawing life-prolonging treatments (2002) which clarified what we regarded as acceptable practice in this difficult area of end of life care. Since it was published, there have been significant changes in legislation, case law, public policy and the understanding of the effects of treatments, all of which affect the framework within which end of life care is provided. The GMC has also produced new guidance on Consent: patients and doctors making decisions together (2008) which sets out the broad principles of good decision-making which apply across the range of situations that doctors face, including end of life care. It was agreed that the Withholding and withdrawing guidance should be reviewed and updated to take account of these developments.
The NHS Constitution was published on 21 January 2009. It was one of a number of recommendations in Lord Darzi’s report ‘High Quality Care for All’ which was published on the 60th anniversary of the NHS and set out a ten-year plan to provide the highest quality of care and service for patients in England. The NHS belongs to us all. The NHS Constitution brings together in one place for the first time in the history of the NHS, what staff, patients and public can expect from the NHS. As well as capturing the purpose, principles and values of the NHS, the Constitution brings together a number of rights, pledges and responsibilities for staff and patients alike. These rights and responsibilities are the result of extensive discussions and consultations with staff, patients and public and it reflects what matters to them.
The Handbook to the NHS Constitution is here to give NHS staff and patients all the information you need about the NHS Constitution in one place. It acts as a guide to: - patients’ rights and pledges - responsibilities of patients and the public and staff - staff rights and NHS pledges to its staff At the back of this Handbook is an appendix, which outlines the legal source for both the patient and staff rights in the NHS Constitution.
While clearly a lot of work had gone into producing this report, a major concern for the British Medical Association is the way the report itself, and members of the Taskforce in presenting the report, discussed the evidence about the impact of presumed consent on donation rates.
An Australian doctor stopped at Heathrow Airport when he arrived to hold workshops on euthanasia has been granted leave to stay in UK. Philip Nitschke was interviewed under the Immigration and Asylum Act after arriving from Australia on Saturday. Dr Nitschke plans to hold a workshop in Bournemouth, Dorset, on Tuesday to talk about assisted suicide.
Twenty-five years ago it was common practice to bring about the deaths of some children with learning disabilities or physical impairments. This paper considers a small number of landmark cases in the early 1980s that confronted this practice. These cases illustrate a process by which external forces (social, philosophical, political, and professional) moved through the legal system to effect a profound change outside that system – primarily in the (then) largely closed domain of medical conduct/practice. These cases are considered from a socio-legal perspective. In particular, the paper analyses the reasons why they surfaced at that time, the social and political contexts that shaped the judgments, and their legacy.
Parliamentarians will make a new attempt next month to amend the law to give protection from prosecution to friends and family members who help a terminally ill person travel outside the United Kingdom for assisted suicide.
Genetic tests for which the results are likely to have a big impact on the person being tested should be provided to the public only within the framework of a consultation with a medical practitioner, recommend draft principles for direct to consumer genetic tests. The number of genetic tests available on the open market has increased in the past few years and will continue to grow as the technology develops. The Human Genetics Commission, the UK government’s advisory body on developments in human genetics, set up a working group with expertise in regulation, clinical, and molecular genetics and genetic counselling. The group includes representatives from the genetic testing industry and will develop a framework of "high level principles" to promote consistency in the provision of direct to consumer genetic tests at an international level.
Doctors should apologise and provide explanations to patients and their relatives when treatment goes wrong, according to guidance from the NHS Litigation Authority, the body which defends the NHS against legal claims for clinical negligence. The letter from (KCL MA MEL alumnus) Stephen Walker. the authority’s chief executive, replaces an earlier circular that warned NHS bodies to take care when providing explanations "so as to avoid future litigation risks."
An act by an individual ("D") is not to be treated as capable of encouraging or assisting the suicide or attempted suicide of another adult ("T") if— (a) the act is done solely or principally for the purpose of enabling or assisting T to travel to a country or territory in which assisted dying is lawful;
A couple have spoken of their shock after an IVF clinic mix-up led to their last embryo being wrongly implanted into another patient. They were further angered when it emerged the other woman was given the morning-after pill. The couple from Bridgend won their case for damages after the mistake at Cardiff's University Hospital of Wales. Cardiff and Vale NHS Trust apologised "unreservedly" for the error and said it had improved checking procedures. The trust admitted gross failures in care and has also agreed to pay an undisclosed settlement to the couple.
Aims: This Handbook represents initial good practice guidance and resources to help PCTs to review current decision-making processes about the funding of medicines with co-operation from Provider Trusts and other stakeholders. Intended audience: Healthcare professionals. Publication history information: Published February 2009. Access: Available to the general public.
The National Library of Guidelines is a collection of guidelines for the NHS. It is based on the guidelines produced by NICE and other national agencies. The main focus of the Library is on guidelines produced in the UK, but where no UK guideline is available, guidelines from other countries are included in the collection. NICE issues guidelines of very high quality. They are based on a systematic review of the evidence and have extensive consultation not only with clinicians but also with patients and, where relevant, industry. Professional associations do not have the resources to carry out this type of consultation but they can follow the principles set out in the AGREE protocol which helps guideline writers minimise bias, meet the needs of all stakeholders and maximise clarity.
Aims: These guidance notes have been produced to help healthcare workers and organisations to achieve uniformly high standards in making DNAR decisions and in ensuring that all relevant aspects of these decisions are recorded and communicated to others effectively. They are not intended to be a comprehensive guide to decisions about cardiopulmonary resuscitation. Intended audience: Healthcare professionals. Publication history information: Published May 2009. Access: Available to the general public.
The aim of this guideline is to inform health and social care professionals on how best to manage advance care planning (ACP) in clinical practice. At the core of current health and social care are efforts to maximise individuals’ autonomy, promote patient-centred care, offer choice and the right to decide one’s own treatment or care. This can be difficult to achieve when an individual has lost capacity – the ability to make their own, informed decision. ACP is one method of enhancing autonomy, not only where an individual has lost capacity, but also by focussing discussion on the individual’s values and preferences throughout the time they are in contact with health or social care professionals. Whilst ACP has been used for some time in North America, there has been relatively little experience in the use of ACP in the UK. This set of concise evidence-based guidelines has therefore been prepared to guide practitioners.
This site explains how the law now allows people to make decisions to refuse treatments including those that sustain life. Many people want to achieve a natural and dignified death, this is one way to help achieve it. This is a free and non-profit NHS website. We suggest people enter the site using the relevent menu section (above). Many people benefit from looking at both sections.
Aims: This guidance relating to the management of the birth of extremely preterm babies (at less than 26 weeks of gestation) is aimed at both parents and healthcare professionals. It addresses communication before delivery, management recommendations, neonatal resuscitation and ethical considerations. Intended audience: Obstetricians, healthcare professionals working in maternity settings, parents of preterm babies. Publication history information: Published online 06 October 2008.
When Jamie Ross was just 19, he was diagnosed with Hodgkin's disease. His response? A darkly humorous blog describing the tribulations and indignities faced by a young man with a serious illness
Twenty-two people have given a kidney to a stranger since the practice became possible in the UK two years ago, the body in charge of such donations says. Ten put themselves forward in the first year and 15 in the second - three of these have not yet undergone surgery.
A trainee teacher with primary refractory Hodgkin’s lymphoma has launched a High Court action against her primary care trust, NHS Surrey, which has refused to pay for her treatment with an unlicensed drug. Philippa Bigham, aged 28, from Frimley, Surrey, has been given a prognosis of two years’ survival without a bone marrow transplantation. But her medical team at the Royal Free Hospital in London want her to have treatment with radiolabelled basiliximab, a monoclonal antibody conjugated with radioactive iodine and also known as CHT-25, before she has the transplantation. The primary care trust has refused to pay for the drug, which costs £3000 ({euro}3500; $4900) for a course of treatment. Basiliximab is licensed in the United Kingdom for use in renal transplant rejection but the radiolabelled version is not yet licensed.
Patient records in general practice surgeries are a unique resource that can provide evidence to help medical researchers improve their understanding of disease, develop potential new treatments and improve patient care. But patient information is both sensitive and private, and the security of personal data must be safeguarded. There is considerable uncertainty about the processes that should be used when information from patient records is required for research. The best practice guidance described in this document was developed during a national consensus meeting held at the Wellcome Trust in 2008 with GPs, researchers and patient groups. It is intended as the first step in a process to ensure that patients and GPs have confidence in the processes used to access patient information.
A mother of a prominent ME sufferer and campaigner has admitted aiding and abetting the suicide of her daughter. Bridget Kathleen Gilderdale, 54, of Stonegate, near Heathfield, Sussex, pleaded guilty to the charge at Lewes Crown Court. But she denied a charge of attempted murder and one of aiding and abetting attempted suicide.
Bridget Kathleen Gilderdale, 54, known as Kay, was arrested at her home in Stonegate, near Heathfield, East Sussex, following the death of her daughter Lynn, 31, who suffered from ME, on 4 December last year. She pleaded guilty to the charge during a brief hearing at Lewes Crown Court today, but denied a charge of attempted murder and one of aiding and abetting attempted suicide. She is alleged to have committed the offences against her daughter, who was struck down with ME at the age of 14, between 2 December and 5 December.
A "considered" and "objective" debate is needed on assisted suicide, the head of the Royal College of Nursing says. It comes after the RCN, which has 400,000 members, shifted its stance on the matter to be neutral.
The Royal College of Nursing (RCN) has dropped its opposition to the concept of helping patients to commit suicide. The college has now adopted a neutral stance, neither supporting nor opposing a change in the law.
A LESBIAN couple have won the right to IVF on the NHS after a legal tussle, ahead of laws that will put same-sex patients on an equal footing with heterosexuals. The couple, who remain anonymous, had to go through a legal fight to push the NHS to fund IVF because, at the moment, individual trusts decide whether they wish to pay for treatment for lesbians. The couple were initially refused IVF by their primary care trust because they were of the same sex. One of the women had polycystic ovarian syndrome, which disrupts ovulation, and is one of the most common causes of infertility. From October, clinics will no longer be able to block lesbians by referring to a child’s “need for a father”. Instead, same-sex couples will need to demonstrate only that they can offer “supportive parenting”.
It is three years since the Human Fertilisation and Embryology Authority reviewed its guidelines for sperm, egg and embryo donation in the appropriately acronymed SEED report. But reproductive medicine has moved on so swiftly that Professor Lisa Jardine, who took over last April as the authority’s chairman, believes that it is time to return to the issue. In an interview with The Times she called for a fresh debate on two of the most controversial aspects of donation. First on her agenda is the question of when family members should be allowed to donate to one another. She is concerned about intergenerational donation, such as in two cases in 2007. In one, a Briton aged 72 provided sperm to his daughter-in-law, while in the other a Canadian, Melanie Boivin, froze eggs for her daughter, Flavie, 7, who has Turner syndrome and will become infertile.
Keir Starmer QC, Director of Public Prosecutions has today said that, while there is sufficient evidence for a realistic prospect of conviction of Mark and Julie James in relation to the death by suicide of their son Daniel, such a prosecution is not in the public interest and no further action should be taken either against them or against a family friend who assisted them.
Campaigner Debbie Purdy has called for an "open debate" on assisted suicide laws after her landmark court victory. Prosecutors are to clarify the law after Law Lords backed Ms Purdy's call for formal advice on the legal position of those who help a loved one to die.
The government says it will ban all private transplants of organs from dead donors in the UK. The move comes after media reports of overseas patients paying to get onto the waiting list for organs donated by British people. An independent report said organs were scarce and no one should be able to pay for transplants, to ensure NHS patients did not miss out. Surgeons said it should reassure people organs went to those in most need.
The subject raises issues as to the extent to which it is proper to treat adults with psychiatric or psychological disorders with radical surgery, particularly where the appropriate diagnosis and treatment of the underlying disorder is uncertain or disputed; the limitations which ought to be placed upon consent as a means of rendering surgery lawful and whether the criminal law ought to have a place in controlling operations provided by qualified surgeons upon competent adults with their consent.
The issue in this case is not uncommon. P is an adult who has an unresolved medical condition, in this case epilepsy. His primary carer, however well motivated, does not accept the diagnosis nor the treatment proposals. P may object to treatment (whether his own view or prompted by his carer). In order to determine what is in P's best interests, since he cannot decide for himself, it is necessary to observe him, and not to rely upon what is relayed about his condition by his carer. To that end, a period in hospital for assessment and treatment is necessary.
Keir Starmer, the head of the Crown Prosecution Service, is to clarify whether people should be prosecuted for aiding a suicide following a landmark ruling by the Law Lords last week. It had been assumed that this guidance would affect only cases in which friends or relatives helped people to die abroad, such as at the Dignitas clinic in Zurich. However, in an interview with The Daily Telegraph, Mr Starmer said the “broad principles” of his new guidelines would apply equally to acts of assisted suicide planned and carried out at home.
A government source said: "Parliament is currently divided on this issue, but it may be that after Starmer produces his guidance, politicians will recognise that this is an ethical issue that cannot be left" to the Crown Prosecution Service alone.
The editorial by Ira Byock (1) commenting on the report from van den Block et al (2) correctly says that only 22 cases of euthanasia or physician-assisted suicide (PAS) occurred (1.3% of all 1690 non-sudden deaths), suggesting that this means these actions ‘occur relatively infrequently’. However, there were a further 26 cases of 'life ending drugs without patient request'. Readers should know that this latter category consists of doctors who answered the same question in the same way as the doctors who are counted as having provided euthanasia or PAS, except that in a subsequent question the doctors indicated that the patient had not asked for euthanasia at the time.
More than 80% of NHS primary care trusts in England fail to offer the recommended three free cycles of IVF to infertile couples, an MP has claimed. The Department of Health says 30% of PCTs provide three cycles of the fertilisation treatment. But Tory MP Grant Shapps, who has contacted every PCT, says these figures are out of date. A "postcode lottery" operates, with rules on age, relationships and other children varying widely, he insists. In some cases women who would be deemed too old for treatment by one PCT would be seen as too young by another.
A terminally ill patient confides in you his wish to pursue a path of assisted suicide.1 He asks you for information and support so that he can approach Dignitas and ultimately decide how and when he wishes to die. What would your response be? By providing a forum for discussion and supporting a patient’s decision would a doctor be assisting suicide or helping the patient to make an informed choice? Neither the BMA nor the General Medical Council offers any guidance on how a doctor should respond to a request for information about assisted suicide abroad. In contrast, I was clearly advised by the Medical Protection Society that “UK medical practitioners should refuse any involvement in the case of a patient wishing to discuss assisted dying, including the provision of medical reports or records that a patient might submit to Dignitas.” In addition, providing such information could be construed as constituting a criminal offence under section 2 of the Suicide Act 1961.
The director of public prosecutions (DPP) must spell out clearly his policy on prosecuting people in England and Wales who help friends or relatives go abroad for assisted suicide, the UK’s highest court has ruled. The unanimous judgment from five law lords is a victory for Debbie Purdy, who has primary progressive multiple sclerosis and wants her husband to help her travel to Switzerland—where assisted suicide is lawful—when she decides to die.
The government has announced a ban on patients paying for private transplant surgery using organs donated within the NHS. Ministers have accepted the recommendations of an independent report commissioned by the government after concerns that foreign patients were bypassing lengthy NHS waiting lists by paying up to £75 000 ({euro}90 000; $130 000) for a transplantation. Earlier this year it was revealed that the livers of 50 British NHS donors were transplanted into foreign patients over a two year period, with the bulk of the operations taking place in London at King’s College Hospital and the Royal Free Hospital.
But there is evidence that some clinicians may already be using continuous deep sedation (CDS), as a form of "slow euthanasia". Research suggests use of CDS in Britain is particularly high - accounting for about one in six of all deaths.
A fundamental aspect of the Mental Capacity Act 2005 (MCA) is the statutory endorsement of a functional approach to capacity. In principle, this requires a separate assessment of capacity in respect of each decision to be made. Most capacity assessments take place at a non-judicial level, and, outside of day-to-day decisions, the most common assessors are likely to be healthcare professionals. This paper investigates the practical operation of the capacity assessment process at both judicial and non-judicial levels. It asks whether the process can deliver on the MCA's goal of preserving maximum decision-making freedom, while, at the same time, providing an appropriate degree of protection. It argues that assessors who are not legally trained encounter signific
Lawyers seek clarification on role of UK doctors in assisted suicide: The UK Medical Protection Society says it will question MPs in the autumn on whether doctors may be prosecuted if they provide medical reports about a patient’s condition or fitness to travel knowing that this information will be passed to clinics such as Dignitas that help people end their life. They are also seeking clarification on whether doctors have a duty to report a patient’s intentions to the authorities.
Assisted suicide after the Lords’ decision in Purdy v DPP [2009] UKHL 45 remains a criminal offence under section 2(1) of the Suicide Act 1961. Whether the assisted suicide itself takes place within or outside the UK, assistance provided within the UK could be the subject of criminal prosecution. Any such prosecution would need the consent of the DPP. The House of Lords has asked the DPP to produce a policy structuring the discretion he exercises when deciding whether to consent to such a prosecution.
Patients with rarer forms of cancer may have been denied potentially life-saving drugs due to a postcode lottery, campaigners said today. A study by the Rarer Cancers Forum found patients faced a postcode lottery when requesting drugs that had not been licensed for their condition, with many people being refused treatment.
Post-mortem examinations have been suspended at Wales' biggest hospital after inspectors found major problems. The Human Tissue Authority (HTA) highlighted problems in procedures, facilities and equipment at University Hospital of Wales (UHW) in Cardiff. The HTA said it did not take such action lightly, and Conservatives called it an "extreme step".
A distraught Newtownards father is today set to take his battle for a liver transplant for his severely ill son to the High Court. But while his legal team argue for a judicial review of a rule requiring alcoholics to be off drink for six months before being considered for a life-saving transplant, devoted dad Brian Anderson will travel to King’s Hospital in London to see his son Gareth.
Northern Ireland Health Minister Michael McGimpsey has said he cannot change organ transplant rules to allow Gareth Anderson to be added to the waiting list. Mr McGimpsey said guidelines state that he has to be alcohol free for six months before going on the organ list. “There are not enough livers to go around and the reason behind that guidance is that to be sure that precious gift isn't destroyed by alcohol immediately after, or soon after, the transplant occurs,” he said.
A white couple undergoing IVF treatment have had black twins after a blunder at a fertility clinic. It has sparked an unprecedented legal debate over how it could happen and who the 'lawful' parents are. BBC News Online asked Penney Lewis, a lecturer in law at King's College London, about issues surrounding the case.
A couple have spoken of their utter devastation after a fertility clinic mix-up led to their last viable embryo being implanted into another woman. Debra and Paul, from Bridgend, have received damages of about £25,000 after the error in December 2007.
Fertilising eggs from the wrong sperm donor is a nightmare scenario for IVF clinics, which came to light in the case of a white woman in Leeds who found herself giving birth to black twins in 2002. But The Report's Nadene Ghouri has since found a routine neglect of safeguards to prevent such mix-ups at a major London hospital led one embryologist to turn whistle-blower.
The 2009 Equality Bill will, if enacted, make age based discrimination in the provision of health care and social care illegal for the first time in the United Kingdom. In a speech in 2008, the then health secretary, Alan Johnson, said, "Old age is the new middle age. Health and social care services need to adapt to the changing needs of today’s older people . . . to promote health in old age and help older people to maintain independence and quality of life."
A man serving a life sentence for a double murder has won a High Court victory over his right to have cosmetic surgery on the NHS. Denis Harland Roberts, 59, currently in a Co Durham jail for killing an elderly couple in East Sussex in 1989, wanted treatment to remove a birthmark. An undisclosed policy operated by Justice Secretary Jack Straw had restricted non-urgent inmate treatment. The case may mean other inmates are considered for similar treatments. However, the Prison Service said it was still "entitled to refuse escorts to hospital on grounds of risk". On Wednesday, London's High Court declared the justice secretary acted unlawfully and "contrary to good administration" in failing to disclose his full policy on medical appointments.
It is not just friends and family who want clarity about potential criminal prosecutions for helping someone travel abroad for an assisted suicide - doctors too may face criminal proceedings for offering advice or assistance under the current law. In this week's Scrubbing Up, the Medical Defence Union's Dr James Armstrong warns that doctors may be putting their livelihood and liberty on the line by becoming involved.
The refusal to move a pre-operative transsexual prisoner from a men's jail to a women's prison is a violation of her human rights, says the High Court. Deputy Judge David Elvin QC quashed Justice Secretary Jack Straw's decision to keep the 27-year-old, who cannot be identified, in a male prison.
by Edmund Christo. This paper is given the general purport of critically analyzing the Medical Termination of Pregnancy Legislation in certain Commonwealth Caribbean jurisdictions, or lack thereof, and is to conclude by proposing a way forward in dealing with jurisdictions that haven’t sought to make any changes to the prehistoric legislation governing this issue, or those that have made changes, and it can be said to be in need of reform.
People who stand to benefit financially from a person’s death are likely to be the ones prosecuted for assisting a suicide, under guidelines to be issued this week. The law will remain unchanged but new rules will detail the factors that are likely to lead to a prosecution, the Director of Public Prosecutions (DPP) said yesterday. Keir Starmer, QC, drew them up after the law lords backed Debbie Purdy, a multiple sclerosis sufferer who called for a policy statement on whether people who helped someone to kill themselves should be prosecuted. The policy, which will be issued on Wednesday, will aim to clarify when individuals are more likely to be prosecuted or more likely not to be, he said.
Guidelines on assisted suicide law will be published by the Director of Public Prosecutions this week to clarify when people are likely to be prosecuted. Keir Starmer QC told the BBC factors that would be considered included whether anyone helping in the suicide stood to gain financially. He said assisted suicide would remain an offence as the law was unchanged.
Britain To Clarify Policy on Euthanasia - Prosecution Factors Will Be Spelled Out By Karla Adam Special to The Washington Post Wednesday, September 23, 2009
LONDON — Assisted suicide has been illegal in England for nearly 50 years. But, ordered by the courts to clarify the law, the country’s top prosecutor on Wednesday set out a list of conditions under which his office would be unlikely to prosecute people who helped friends or relatives kill themselves.
Campaigners hailed the guidelines as a victory for common sense. But “right to life” groups said that he had exceeded his authority. Groups from the Law Society to Dignity in Dying insisted that Parliament should still legislate. Mr Starmer said the list of factors weighing in favour or against a prosecution did not mean that assisted suicide was no longer a criminal offence. Lord Falconer of Thoroton, a former Lord Chancellor and the first Justice Secretary, who tried recently to reform the law, hailed the DPP’s guidelines as a “very, very significant step” and said he had “unquestionably changed the law”. “He has done what the law lords ordered him to do — give certainty to people as to what will happen if they decide to help their loved ones to die.”
Plans to relax the laws on assisted suicide have been thrown into doubt after a group of lawyers questioned the role of Lord Phillips of Worth Matravers, Britain’s most senior judge. Lawyers from campaign group the Christian Legal Centre want the advice to be put on hold because of Lord Phillips’ personal sympathy those calling for the rules on assisted suicide to be realxed, which emerged weeks after the judgement was handed down.
Doctors were forced to allow a young woman to die as she had made a "living will" requesting no medical help if she attempted suicide. They would have risked breaking the law by treating Kerrie Wooltorton, 26, of Norwich, an inquest heard. Miss Wooltorton wrote her living will in September 2007, asking for no intervention if she tried to take her own life.
The single greatest change to affect the UK fertility sector in nearly two decades will take place tomorrow, Thursday 1 October, as the new Human Fertilisation and Embryology Act 1990 (as amended) comes into force. Changes which will come into effect with the new legislation include: * increasing the length of time people can store their embryos * a ‘cooling off’ period if one partner withdraws consent for embryo storage * extending information access rights for donor conceived people and donors * opening the Human Fertilisation and Embryology Authority’s (HFEA) Register for research * introducing supportive parenting into the welfare of the child provisions * banning sex selection for non medical reasons * clarifying the scope of embryo research
Mistakes and near misses in fertility treatment are recorded by the Human Fertilisation and Embryology Authority but until now details of the most serious cases have been kept secret. Eight of these mistakes were given grade A status, meaning they were the most serious incidents could involve events such as embryo mix ups, the death of a patient or an incident which affects a number of patients, for example, when a storage unit malfunctions and all embryos are defrosted and lost. In 2007/8 two of the eight grade A incidents involved mix-ups. A spokesman refused to give details but said they could be cases where the wrong sperm was used to fertilise and embryo or the wrong embryo was defrosted for use, but neither involved the implantation of wrong embryos. Last year there were 182 incidents out fo 52,000 cycles of treatment provided in Britain, the HFEA said.
New guidelines issued by the UK General Medical Council (GMC) will allow doctors to disclose genetic information to relatives - even when patients object, if there are compelling medical reasons for doing so. The guidance, which comes into effect on 12 October, acknowledges that confidentiality is not always absolute; disclosing information about a genetic link to a disease may protect another individual from serious harm. For example, if a patient is diagnosed with a hereditary form of cancer, a doctor will now be able to inform relatives about the potential risk the genetic link could carry. Awareness of such a genetic risk could prompt investigation for the genetic mutation responsible and regular screening, thereby improving the chance of early detection and long-term prognosis.
The DPP's interim guidance on assisted suicide prosecutions leaves many questions unanswered, says Penney Lewis Despite the publicity surrounding it, assisted suicide remains rare in the United Kingdom. Anonymous surveys of doctors suggest that it is non-existent, although voluntary euthanasia is carried out by doctors in a very small fraction of cases. There are cases of assistance by non-professionals, resulting in a small number of prosecutions for assisted suicide – 16 since April 2005, according to the DPP.
The National Institute for Health and Clinical Excellence proposes to reject a breast cancer drug despite its own rule changes on end-of-life treatments Wednesday 21 October 2009 18.11 BST A drug which can give women with advanced breast cancer extra weeks or months of life has been turned down by a government watchdog body for use in the NHS. The National Institute for Health and Clinical Excellence (Nice) says it proposes to reject Tyverb (lapatinib) in spite of changes in the rules brought in specifically to allow people at the end of their lives to have the chance of new and often expensive treatments. Tyverb is the only drug licensed for women with advanced breast cancer whose tumours test positive for a protein called HER2 and for whom Herceptin, a Nice-approved drug, is no longer working. In much of the rest of Europe, Tyverb is then given, in combination with a standard chemotherapy drug called capecitabine.
A national survey of 3733 UK doctors reporting on the care of 2923 people who had died under their care is reported here. Results show that there was no time to make an ‘end-of-life decision’ (deciding to provide, withdraw or withhold treatment) for 8.5% of those reporting deaths. A further 55.2% reported decisions which they estimated would not hasten death and 28.9% reported decisions they had expected to hasten death. A further 7.4% reported deaths where they had to some degree intended to hasten death. Where patients or someone else had made a request for a hastened death, doctors were more likely to report expecting or at least partly intending to hasten death. Doctors usually made these decisions in consultation with colleagues, relatives and, where feasible, with patients.
Around a third of doctors say they have given drugs to terminally ill patients or withdrawn treatment, knowing or intending that it would shorten their life. A study of doctors in charge of the last hours of almost 3,000 people finds decisions almost always have to be made on whether to give drugs to relieve pain that could shorten life and whether to continue resuscitation and artificial feeding. In 211 cases (7.4%), doctors say they gave drugs or stopped treatment to speed the patient's death. In 825 cases (28.9%), doctors made a decision on treatment that they knew would probably or certainly hasten death. One in 10 patients asked their doctor to help them die faster. What doctors do varies according to their religious beliefs, according to Prof Clive Seale, who carried out the research. But, he said, there was no evidence of a "slippery slope": that deaths of the most vulnerable, such as very elderly women and those with dementia, are being hastened more than others.
A father is fighting a hospital's attempt to withdraw support keeping his baby son alive. The one-year-old, known as Baby RB for legal reasons, was born with a rare, genetic muscle condition that makes it hard for him to breathe independently. His parents are going to the High Court - the mother is reportedly supporting the hospital's bid. The father's lawyers argue that the boy's brain is unaffected, meaning he can see, hear, interact and play. Despite having to remain in hospital and being dependent on a ventilator to breathe, he enjoys having stories read to him and listening to music, they say. The lawyers are submitting video footage to the court, which they say shows him playing with his toys. But the hospital says that Baby RB's quality of life is so low that it would not be in his best interests to try to save him. Baby RB was born with congenital myasthenic syndrome and has been in hospital since birth.
A father whose son was born with a rare neuromuscular condition will go to the high court tomorrow in an attempt to stop a hospital withdrawing the support that keeps the child alive. Doctors treating the one-year-old say the boy's quality of life is so poor that it would not be in his best interests to save him. They are reportedly being supported in their action by the baby's mother, who is separated from his father. The child, known for legal reasons as Baby RB, was born with congenital myasthenic syndrome (CMS), a muscle condition that severely limits movement and the ability to breathe independently. He has been in hospital since birth. If the hospital succeeds in its application, it will be the first time a British court has gone against the wishes of a parent and ruled that life support can be discontinued or withdrawn from a child who does not have brain damage.
A one-year-old boy at the centre of a "right-to-life" legal dispute would not benefit from an operation to help him breathe, the High Court has been told. The child, known as Baby RB, has a rare, genetic condition that makes it hard for him to breathe independently. But a leading paediatrician, known as Dr F, said he was "not a candidate" for surgery to try to open up his airway. Baby RB's father is fighting a hospital's attempt - backed by the mother - to withdraw his life support.
A doctor has agreed a baby in a "right-to-life" legal row may be able to interact - but any mental development would only make his fate more tragic. The paediatric neurologist told the High Court the severely disabled child, Baby RB, would remain in a "no chance" situation even if he developed further. He questioned the life the boy would lead if he was capable of cognitive function but physically so disabled.
A doctor has said that a baby in a "right-to-life" legal row has the potential to communicate and even operate a wheelchair in years to come. The paediatric neurologist, Professor Fenella Kirkham, told the High Court that Baby RB had the normal intelligence of a one-year-old. She said he was likely to develop language recognition skills and he may be better off at home. The boy's father is fighting an attempt by the hospital to end life support.
Hospital patients in England will get the legal right to be seen privately if they face NHS delays. Hospitals have to start treating patients within 18 weeks of referral - or two weeks in the case of cancer. But ministers will now give patients a legal right to private care - or treatment at another NHS centre if so desired - if this does not happen. The Tories, who would scrap waiting time targets, said it was an "unaffordable and uncosted" pledge.
A father who had been fighting to stop a hospital withdrawing life support from his seriously ill son has dropped his objections. The one-year-old, known as Baby RB for legal reasons, was born with a rare, genetic muscle condition that makes it hard for him to breathe independently. The hospital was backed by the baby's mother. But the move had been strongly opposed by the child's father at a High Court hearing. However, the father changed his mind after hearing medical evidence which suggested it would be in the best interests of the child if medical support was withdrawn. Lawyers for the health authority caring for the baby in intensive care told Mr Justice McFarlane: "All of the parties in court now agree that it would be in RB's best interests for the course suggested by the doctors to be followed."
A father who went to the High Court to try to stop a hospital turning off his seriously ill baby son's life support machine has dropped his objections to the move. The outcome has prompted a mixture of sadness and relief. For six days they had sat in the bland surroundings of Court 50 at London's High Court listening to others talking about their baby son's quality of life. A host of paediatricians, nurses, and experts went into the witness box. Many of them urged a judge to decide that this profoundly disabled 13-month-old boy should be allowed to die. It was, they said, no longer in his best interests to keep him alive.
A Parental Order transfers parenthood from the surrogate (and her husband or partner if she has one) to the couple who commission the surrogacy arrangement. Parental Orders are currently available to married couples only. The Human Fertilisation and Embryology Act 2008 enables same sex couples and unmarried couples as well as married couples to apply for a Parental Order. Regulations are necessary to set out the processes for the court to grant Parental Orders. This consultation is on the Draft Human Fertilisation and Embryology (Parental Orders) Regulations. They replace the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994. They will bring the processes for granting Parental Orders more closely into line with updated adoption legislation.
A parental order is made by the family courts and reassigns parenthood after surrogacy, extinguishing the responsibility of the surrogate parents and transferring it to the commissioning couple. The process takes place post-birth: the application must be made within the first six months of the child's life (though the surrogate's consent is ineffective until after the first six weeks) and typically takes many months to be processed by the courts. At present, only married couples can apply, but as from 6 April 2010, unmarried and same sex couples will also be eligible. The Department of Health (DH) is currently consulting on new draft regulations which prescribe the detail of this court process, and which will replace existing regulations that have been in place since 1994. The consultation closes on 23 November.
The Labour party is urging the Scottish parliament to take action to standardise IVF provision across Scotland, after Labour MSP Jackie Baillie discovered wide disparities in provision between the 11 Scottish NHS boards. Ms Baillie contacted all of the boards after having been approached by a constituent who was upset about the length of IVF waiting lists where they lived.
A serious blunder at one of Britain's top fertility clinics dramatically increased the risk its patients would suffer a miscarriage or give birth to a child with serious health problems, sparking fresh fears about how IVF centres are run in the wake of a series of scandals. Unscreened sperm used by staff at the London Women's Clinic (LWC) to create dozens of embryos was later found to have a chromosome abnormality that could have been passed on to any unborn child, The Independent on Sunday has learnt. The British Fertility Society's screening guidelines make it clear that the clinic should never have accepted the donor. At least one couple suffered a miscarriage as a direct result.
Since 1991, sperm donors in the UK have had the legal right to withdraw consent for the use of their sperm in fertility treatment. This has the potential to adversely affect patients. It may mean that previous recipients of a donor’s sperm cannot have further children who are full biological siblings to an existing child, and that embryos created from the donor’s sperm and a patient’s eggs must be destroyed. We have informally investigated withdrawal of consent by sperm donors donating after 1 April 2005, when lifelong anonymity for gamete donors ended.
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