Terminally ill patients who want to commit suicide should be able to receive medical help to die, a government adviser on care for the elderly has said. Martin Green, a dementia expert for the Department of Health, said patients who were too frail to take their own lives were being denied “choice” and “autonomy” because assisted suicide is illegal in the UK. In an interview with The Daily Telegraph, he urged ministers to review the law and suggested that a referendum or a free vote in Parliament should be called to settle policy on the issue. “If you’re going to give people ‘choice’, it should extend to whether or not they want to die,” he said.
'A new pathway for the regulation and governance of health research' was published in January 2011. The report was prepared by a working group, chaired by Professor Sir Michael Rawlins FMedSci, convened in response to an invitation from Government to review the regulation and governance of UK health research involving human participants, their tissue or their data. The report proposes four key principles that should underpin the regulation and governance framework around health research in the UK, and makes recommendations to: * Create a new Health Research Agency (HRA) to rationalise the regulation and governance of all health research. * Include within the HRA a new National Research Governance Service to facilitate timely approval of research studies by NHS Trusts. * Improve the UK environment for clinical trials. * Provide access to patient data that protects individual interests and allows approved research to proceed effectively. * Embed a culture that value
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
Frances Swaine and Merry Varney are instructed by David Tracey, whose wife, Janet Tracey, sadly died in Addenbrooke’s Hospital on 7 March 2011. Following her admission to Addenbrooke’s, a ‘Do Not Attempt Cardio Pulmonary Resuscitation Order’ (known as a DNACPR or DNR) was placed on Janet’s medical notes. Janet was unaware of the DNACPR and when she became aware of it several days later, she clearly stated it was against her wishes and that she wanted to be resuscitated. As a result the DNACPR was cancelled. Several days later however a further DNACPR was entered onto her records. We have issued a judicial review and human rights claim against the NHS Trust responsible for Addenbrooke’s and against the Secretary of State for Health seeking Declarations from the Court that the Trust’s policy on the use of DNACPR is unlawful, and for the Secretary of State for Health to issue national guidance for patients and their families to know their rights concerning the use of DNACPRs.
In 2009 the legislature, judges & DPP each turned their attention to issues around assisted suicide. The legislature decided not to change the law. The judges decided the existing law was insufficiently clear & required the DPP to clarify it. The DPP flirted with reforming the law, but then drew back from such a legislative role. His published policy has been considered as a contribution to the regulation of death & dying, & as such has been found wanting. However, considered in the context of the proper roles of Parliament, courts & prosecutors, & seen as an exercise in constitutional restraint, the DPP's approach should be appraised rather differently. From this perspective, the decision of the HL in Purdy raises significant concerns for the legitimacy of decision making in the contested moral issues that arise in healthcare ethics. In our democracy, courts should be wary of usurping legislative authority in areas where the Parliamentary position is clear. …
Tony, 47, and Barrie Drewitt-Barlow, 42, of Chandlers Quay, Maldon, who were Britain's first gay surrogate parents, denied one charge of providing false information to an ethics panel. The pair, who ran Euroderm Research, also deny two counts of not conforming to protocol when conducting a trial. The pair appeared before Southwark Crown Court on Wednesday. They also deny two charges of conducting a clinical trial otherwise than in accordance of good clinical practice.
On the face of it, the decision by a High Court judge in the case of M is no surprise - few would have expected a ruling to allow a patient with any level of consciousness and feeling to die. But a closer inspection of the 76-page judgement shows that Mr Justice Baker did not find his decision a straightforward one.
When Penny Wark's brother died last year, her family did not hesitate to donate his organs. Despite the trauma, she thinks it was the right decision - but says grieving relatives must be treated with more care.
This paper examines the historical role of law and politics in the adoption of smallpox vaccination in Britain, focusing primarily on the early Victorian period, when legislation was passed to enforce compulsory infantile vaccination. The primary thesis of the study is that law, and the processes through which it is created and maintained, provide a distinct “envelope of social order” (Jasanoff 2008, 764) within which competing and duelling interests and opinions about scientific innovation find origin, expression, and debate. Consequently, the manner in which law responds to science and its impact on society is neither static nor self-evident, but subject to mutable circumstances that are historically, politically, and socially situated. The paper is divided into two main parts. The first provides a brief history of vaccination and the second focuses on events surrounding the introduction of compulsory vaccination laws in England and Wales.
Sir Terry Pratchett, the fantasy writer who was diagnosed with Alzheimer's in 2008, said yesterday he had started the formal process that could lead to his own assisted suicide at the Dignitas clinic in Switzerland. Pratchett, whose BBC2 film about the subject of assisted suicide is to be shown on BBC2 tomorrow, revealed he had been sent the consent forms requesting a suicide by the clinic and planned to sign them imminently. "The only thing stopping me [signing them] is that I have made this film and I have a bloody book to finish," he said during a question-and-answer session following a screening at the Sheffield documentary festival Doc/Fest. He said that he decided to start the process after making the film Terry Pratchett: Choosing to Die, which shows the moment of death of a motor neurone sufferer, millionaire hotel owner Peter Smedley.
Pregnant women who ask for a Caesarean delivery should be allowed to have the operation, even if there is no medical need, according to new guidelines for England and Wales. The National Institute of Health and Clinical Excellence (NICE) states that women should be offered counselling and told of the risks first. Ultimately, however, the decision would be made by the mother-to-be, it said.
Most senior doctors in England and Wales feel that rational suicide is possible. There was no association with specialty. Strong religious belief was associated with disagreement, although levels of agreement were still high in people reporting the strongest religious belief. Most doctors who were opposed to physician assisted suicide believed that rational suicide was possible, suggesting that some medical opposition is best explained by other factors such as concerns of assessment and protection of vulnerable patients.
Tom Condliff, who weighs 22st, was not considered fat enough to have a gastric bypass operation by his local Primary Care Trust and both the High Court and the Appeal Court ruled that its decision was lawful. But less than a month after his latest setback, the 62 year-old from Staffordshire has been told that his latest “individual funding request” has been successful on the grounds of his exceptional circumstances and he will now be treated. He told the BBC: “I am very, very pleased about the PCT's decision but at the same time I am rather concerned that I haven't changed since the last time the request for IFR in September last year, was put in. “It was turned down then. So I don't know why it has been granted this time. “I am looking forward to being able to get out of the house and to enjoying myself and having a decent quality of life.”
My name is Geraldine McClelland and I have chosen to die today [7 December]. I am 61 years old and am dying from lung and liver cancer, which metastasised from my breast cancer two years ago. The lung cancer is now causing me serious breathing problems, meaning I am largely confined to my flat. I have chosen to travel abroad to die because I can not have the death I want here in the UK. I would like to be able to choose to take medication to end my life if my suffering becomes unbearable for me, at home, with my family and friends around me. But the law in this country prevents me from doing so. As a result I am travelling abroad to take advantage of Switzerland's compassionate law.
“The current legal status of assisted dying is inadequate and incoherent...” The Commission on Assisted Dying was set up in September 2010 to consider whether the current legal and policy approach to assisted dying in England and Wales is fit for purpose. In addition to evaluating the strengths and weaknesses of the legal status quo, the Commission also set out to explore the question of what a framework for assisted dying might look like, if such a system were to be implemented in the UK, and what approach to assisted dying might be most acceptable to health and social care professionals and to the general public.
A woman died after an experienced surgeon unintentionally attempted to take out the wrong organ during an operating theatre complication. Amy Joyce Francis, 77, was due to have a kidney removed at the Royal Gwent Hospital in July 2010 but instead the surgeon tried to remove her liver. The woman from Newport suffered a fatal heart attack after a loss of blood. The coroner recorded a narrative verdict which was fully accepted by the Aneurin Bevan Health Board.
The treatment of inherited mitochondrial abnormalities in human embryos using donor mitochondria is an advancing area of research. The techniques involved could have profound implications for future generations. This project will explore the ethical issues relevant to affected families, potential donors, researchers, medical professionals and others trying to understand and respond to the therapeutic possibility of mitochondrial transfer.
A man who was virtually paralysed by a stroke has won the first step in his legal bid to pursue his right-to-die. Known only as Martin, he would require professionals to help as his wife has said she will not assist him. But current guidance suggests they may be prosecuted, where loved ones would not, and Martin's case is this discriminates against him. This High Court judgement means lawyers and doctors can discuss assisted dying with him, but only to prepare his case.
The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome of the Commission were independent, some individuals and groups opposed to the practice regrettably refused to give evidence to the Commission. Still, the range and quantity of the evidence, which included evidence gathered from international research visits, qualitative interviews and focus groups, commissioned papers, and seminars, is impressive and can be read and watched here.
W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) and others [2011] EWHC 2443 (Fam). Read judgment. In the first case of its kind, the Court of Protection ruled that withdrawing artificial nutrition and hydration from a person in a minimally conscious state was not, in the circumstances, in that person’s best interests. The Court also made general observations for future cases.
The General Medical Council is consulting on our new draft guidance for the Investigation Committee and case examiners (decision-makers) to use when they are considering allegations about a doctor’s fitness to practise that relate to encouraging or assisting suicide.
Judgment has been reserved in a case brought by a severely disabled man with "locked-in syndrome" who has urged a judge not to halt his High Court action to let a doctor end his life. Tony Nicklinson, 57, of Melksham, Wiltshire, wants a doctor to be able to "lawfully" conduct an assisted suicide.
Two senior judges ruled it would be “manifestly unjust” to stop them helping him prepare a legal challenge to the law on assisted suicide – even if doing so could assist his suicide, which would be illegal. Once a keen sportsman, the man – known only as “Martin” for legal reasons – was left almost completely paralysed by a massive stroke three years ago.
When faced with a terminal illness, medical professionals, who know the limits of modern medicine, often opt out of life-prolonging treatment. An American doctor explains why the best death can be the least medicated – and the art of dying peacefully, at home
This report documents changes since the ODT 2008 report. It records significant improvements that have been made to infrastructure and projected 34% increase in donation rates over 4 yrs to April 2012. The report notes, however, that even if Taskforce’s target of a 50% increase in donation rates by 2013 is achieved, people will still be dying unnecessarily while waiting for an organ. We believe that we now need to decide whether we should be satisfied that we have done all we can or whether we should seek to build on what has already been achieved by shifting our attention to additional ways of increasing number of organ donors. The report examines a range of options that have been suggested for increasing the number of donors including a system of mandated choice, reciprocity, a regulated market or paying the funeral expenses of those who sign up to the ODR and subsequently donate organs. The report also explains why we remain convinced that an opt-out system with safeguards is best.
Guidance for the Investigation Committee and case examiners when considering allegations about a doctor’s involvement in encouraging or assisting suicide. Draft for consultation Start: Feb 6, 2012 End: May 4, 2012 Results Published: Jul 31, 2012
The General Medical Council is launching its first ever guidelines on assisted suicide. The new guidelines will help the GMC decide if doctors should face a disciplinary panel if they are alleged to have encouraged or assisted suicide. A draft version is to be subject to a three month public consultation period. The GMC's chief executive, Niall Dickson said "the main message is that assisting suicide is illegal and doctors should have no part of it". The GMC, which is the regulatory authority for doctors, decided to produce the guidelines after the case of a severely paralysed man, which was highlighted by the BBC last summer. The man, given the pseudonym "Martin", told the PM Programme that he wanted to end his life and was taking legal action to try to get advice and help to do so.
On 1 April 2005, with the implementation of the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004, United Kingdom law was changed to allow children born through gamete donation to access details identifying the donor. Drawing on trends in adoption law, the decision to abolish donor anonymity was strongly influenced by a discourse that asserted the ‘child's right to personal identity’. Through examination of the donor anonymity debate in the public realm, while adopting a social constructionist approach, this article discusses how donor anonymity has been defined as a social problem that requires a regulative response. It focuses on the child's ‘right to personal identity’ claims, and discusses the genetic essentialism behind these claims. By basing its assumptions on an adoption analogy, United Kingdom law ascribes a social meaning to the genetic relatedness between gamete donors and the offspring.
In 2007, the European Union adopted a lex specialis, Regulation (EC) No. 1394/2007 on advanced therapy medicinal products (ATMPs), a new legal category of medical product in regenerative medicine. The regulation applies to ATMPs prepared industrially or manufactured by a method involving an industrial process. It also provides a hospital exemption, which means that medicinal products not regulated by EU law do not benefit from a harmonized regime across the European Union but have to respect national laws. This article describes the recent EU laws, and contrasts two national regimes, asking how France and the United Kingdom regulate ATMPs which do and do not fall under the scope of Regulation (EC) No. 1394/2007. What are the different legal categories and their enforceable regimes, and how does the evolution of these highly complex regimes interact with the material world of regenerative medicine and the regulatory bodies and socioeconomic actors participating in it?
Penney Lewis, a law professor at King's College London, said the U.K. had become more receptive to allowing assisted suicide in recent years but not euthanasia. "Granting Nicklinson a hearing does not mean euthanasia will be allowed, but it is a big step," she said. Legalizing euthanasia in the Netherlands began in a similar fashion, with doctors in court cases employing arguments much like those of Nicklinson's legal team, Lewis said.
According to a BBC report, Tony Nicklinson, 58, from Melksham, Wiltshire, has “locked-in syndrome” after a stroke in 2005 and “is unable to carry out his own suicide.” “He is seeking legal protection for any doctor who helps him end his life.” In fact, it is not quite correct that Tony Nicklinson “is unable to carry out his own suicide.” He could at present refuse to eat food or drink fluids. Hunger strikers do this for political reasons. He could do it for personal reasons. People should not be force fed against their own autonomous wishes.
The paper discusses the issue of family involvement in the process of obtaining consent to treatment. Legally, doctors have a duty to inform the patient, and the patient has a right to be informed before making a decision. In this context, however, there is no requirement to involve relatives or to take into account their interests or requests. Yet, findings from in-depth interviews with NHS general practitioners presented in the paper indicate that in reality relatives have a substantial impact on the process of informed consent. Their presence may lead the doctor to provide more information to the patient and help the patient better understand the information conveyed by the doctor. Ultimately, the relatives' involvement enhances the patient's ability to make an informed decision, even though in some cases – when the relative is dominant – this may have a negative impact on the channel of communication between doctor and patient. These findings reflect a relational approach to patien
In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by consideri
Dignity in Dying has today welcomed MPs' historic decision to back Director of Public Prosecutions (DPP) guidelines on assisted suicide, as well as MPs endorsement of further development of end-of-life care via an amendment to the motion. The DPPs guidelines make clear that those who compassionately assist a loved one to die at their request are unlikely to be prosecuted, and that those who maliciously encourage the death of another will feel the full force of the law.
'Living wills' that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a "valid decision" to refuse treatment.
The total number of deaths studied was 11,704 of which 1517 involved continuous deep sedation. In Dutch hospitals, CDS was significantly less often provided (11%) compared with hospitals in Flanders (20%) and U.K. (17%). In U.K. home settings, CDS was more common (19%) than in Flanders (10%) or NL (8%). In NL in both settings, CDS more often involved benzodiazepines and lasted less than 24 hours. Physicians in Flanders combined CDS with a decision to provide physician-assisted death more often. Overall, men, younger patients, and patients with malignancies were more likely to receive CDS, although this was not always significant within each country. Conclusion Differences in the prevalence of continuous deep sedation appear to reflect complex legal, cultural, and organizational factors more than differences in patients’ characteristics or clinical profiles. Further
This paper examines the controversial and complex issues of euthanasia and physician-assisted suicide (PAS). I begin by defining and distinguishing these two terms and explain how they relate to each other. I also describe the medical doctrine of double effect, in which relieving pain comes at the expense of hastening death. Then, I give a brief overview of the common law defense of necessity, which is practically the sole defense available to or used by physicians accused of committing euthanasia or PAS. Finally, I analyze the legal doctrines of euthanasia and PAS, focusing on legislation and cases in the European Union — primarily the United Kingdom, the Netherlands, and Switzerland — and the U.S. states of Oregon, Washington, and Montana.
A woman with "severe" anorexia who wanted to be allowed to die is to be force fed in her "best interests" by order of a High Court judge. Mr Justice Peter Jackson declared that the 32-year-old from Wales, who cannot be identified, did not have the capacity to make decisions for herself. He made public his judgment on Friday after making the ruling last month.
The case of a paralysed man who wants doctors to be able to take his life without fear of prosecution is being heard at the High Court. Tony Nicklinson, 58, from Wiltshire, has locked-in syndrome following a stroke seven years ago. The hearing represents a fundamental challenge to the law on murder, the BBC's Fergal Walsh reports. [includes short interview with Penney Lewis]
After a stroke in 2005 left him almost completely paralysed, Tony Nicklinson has been fighting for the right to end his own life. Here, ahead of a high court ruling, he is interviewed via Twitter by Observer readers and Elizabeth Day, who meets his family and supporters – along with opponents of euthanasia
Standards should never come into question, but it's clear to this Government that NHS administrative costs can be streamlined. Estimates suggest that savings of over £180 million could be delivered by 2015 by reducing the number of NHS bodies, including arm's-length bodies. And that is why I set out proposals to change responsibility for regulating fertility treatment and human tissue last week. The UK-wide consultation will consider whether the responsibilities of the regulators - the Human Fertilisation and Embryology Authority (HFEA) and Human Tissue Authority (HTA) - should move to the Care Quality Commission (CQC) and the Health Research Authority (HRA).
To ask Her Majesty's Government how they assess the application of the Director of Public Prosecutions's Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide.
The draft Bill sets out the legal process by which assisted dying could be accessed and constructs a system of safeguards, regulation, and monitoring of the process.
The family of a man left in a vegetative state after a heart attack has made an eleventh hour appeal for doctors to do all they can to keep him alive as they await a vital court ruling. Tomorrow, the court of protection in London will be asked to rule in a dispute over whether it is in "the best interests" of the severely brain-damaged man, who is from the Greater Manchester area, to continue to receive life-saving treatment if his condition deteriorates. Pennine Acute Hospitals NHS Trust claim it is not in the best interests to offer the man, known only as L, ventilation or resuscitation if his condition worsens and he suffers "a life-threatening event", such as another heart attack. But his family disagree and say they, not the trust, must be given the right to decide on his care.
A High Court judge has ruled in favour of an NHS trust that force feeding would not be in the "best interests" of an anorexic woman. Mrs Justice King, at the Court of Protection in London, heard that the 29-year-old woman, who weighs about 3st 2lb (20kg), does not wish to die. She ruled "all reasonable steps" should be taken to gain the woman's co-operation, without "physical force".
The focus of this article is upon compassionate killings, that is, criminal cases where a parent/spouse has killed or assisted to die a child/spouse who was suffering from severe disabilities, debilitating injury, chronic or terminal illness. We argue that the partial defence of diminished responsibility, while appropriate for some cases, fails to acknowledge the compassionate and relational nature of these acts and thus fails to identify the quality of the harm committed. We also argue that the general defences of duress of circumstances and necessity, even if they were to be become available, are inappropriate. Developing the concept of ‘compassion’, which is a consideration in relation to prosecution for assisted suicide, we argue for the introduction of a partial defence of ‘compassionate killing’ which would reduce the offence from murder to manslaughter in recognition of the killing as a responsive, relational act of care.
A hospital trust can withhold life-saving treatment from a severely brain-damaged Muslim man if his condition deteriorates, a court has ruled. Doctors argued it would be unfair to resuscitate the patient, known as Mr L, if his condition worsened. His family, of Greater Manchester, said that was against their Muslim faith. At the Court of Protection, Mr Justice Moylan said it would be lawful to withhold treatment as it would not prolong life "in any meaningful way". He added: "It would result in death being characterised by a series of harmful interventions without any realistic prospect of such treatment producing any benefit."
We give Martin permission to appeal against the DPP, although we do not consider that the appeal has any real prospect of success. Our reason for giving permission is the first of the “two other compelling reasons” advanced in the application for permission to appeal. More particularly, we consider that our approach to the role of the DPP and to the decision in Purdy in relation to s2 of the Suicide Act raises questions of sufficient significance to merit consideration by the Court of Appeal.
When they told my father-in-law the hospital had done all it could, that was not, in the strictest sense, true. There was nothing the doctors could do about the large, inoperable tumor colonizing his insides. But they could have maintained his failing kidneys by putting him on dialysis. They could have continued pumping insulin to control his diabetes. He wore a pacemaker that kept his heart beating regardless of what else was happening to him, so with aggressive treatment they could — and many hospitals would — have sustained a kind of life for a while. But the hospital that treated him offers a protocol called the Liverpool Care Pathway for the Dying Patient, which was conceived in the 90s at a Liverpool cancer facility as a more humane alternative to the frantic end-of-life assault of desperate measures.
A lady has cancer of the uterus. She could be cured by a potentially life-saving operation. However, because of other co-morbidities and other factors there is a considerable risk that she could die during the operation or in the post-operative recovery period. She herself lacks the capacity to make an informed decision, but she denies that she has cancer at all and opposes and is resistant to the operation. The medical team at the hospital consider that she would benefit from the operation and would like to perform it. The lady's three adult sons all strongly desire that she should have the operation and feel that the potential benefit outweighs the risk. The Official Solicitor, who acts as her litigation friend, considers, in a phrase, that it is too risky. The question for the court is whether, balancing all the relevant factors, it is in her overall best interests to have the operation or not.
The question in this case is whether a baby known as X should be removed from a ventilator and made the subject only of palliative care. As the evidence is that he will almost certainly die within minutes, or at best hours, of such removal, it will be readily apparent that this case is both tragic and difficult.
A woman whose husband became a sperm donor without her knowledge is seeking to change the law (reported in BioNews 671). Her claim is that a husband's sperm constitutes a 'marital asset', over which a wife should have some legally enforcable rights. Currently, there is no legal requirement for a spouse to consent to her partner's sperm donation. But perhaps there should be? After all, marriage is usually understood to entail a degree of shared decision-making. And since begetting children - with one's spouse - is traditionally a primary reason for tying the knot, can it really be compatible with marital mores for husbands to conceive children with other people?
Sally Roberts, 37, is opposed to her son Neon receiving radiotherapy treatment for a brain tumour, and disappeared with him on Sunday. Police launched a nationwide hunt for the pair after they disappeared from Tiverton, Devon. They were found by officers in Sussex. Devon and Cornwall police said: "Emergency protection care has been put in place and Neon's welfare will be considered in the High Court." Mrs Roberts was in the middle of a court battle with the child’s father Ben Roberts, an IT consultant, from Knightsbridge, London, who agrees with doctors that Neon’s chances of survival will be greatly increased with treatment. Mr Justice Hogg, at the High Court, took the unusual step to relax reporting restrictions to allow identification of the child as doctors said that without speedy treatment his chances will be "dramatically reduced".
A judge has postponed a decision on whether a mother should be allowed to prevent her son from receiving radiotherapy for brain cancer. Sally Roberts, 37, has been told seven-year-old Neon could die if he did not receive the treatment. She said she feared the treatment could do long-term harm. At the High Court in London, Mr Justice Bodey said he would rule at a hearing beginning on 18 December - unless agreement could be reached beforehand. During the Saturday morning hearing, he said that although he had intended to rule on the matter, developments had "changed the medical landscape".
Although DJ's condition is in many respects grim, I am not persuaded that treatment would be futile or overly burdensome, or that there is no prospect of recovery. (a) In DJ's case, the treatments in question cannot be said to be futile, based upon the evidence of their effect so far. (b) Nor can they be said to be futile in the sense that they could only return DJ to a quality of life that is not worth living. (c) Although the burdens of treatment are very great indeed, they have to be weighed against the benefits of a continued existence. (d) Nor can it be said that there is no prospect of recovery: recovery does not mean a return to full health, but the resumption of a quality of life that DJ would regard as worthwhile. The references, noted above, to a cure or a return to the former pleasures of life set the standard unduly high.
This application concerns AW, a 57-year-old woman who is in a permanent vegetative state. It is made by the NHS Trust responsible for her care, which seeks a declaration that it is lawful and in her best interests to withdraw active medical treatment, including specifically artificial nutrition and hydration, albeit that this will lead to AW's death. The application is supported by AW's family, by all the medical staff who look after her, by the evidence of the expert witnesses who have reported, and by the Official Solicitor on behalf of AW herself.
These proceedings involve separate but linked applications by two men for leave to apply for orders under s.8 of the Children Act 1989. In each case, the application concerns a child conceived using sperm provided by the man and born to a woman in a civil partnership. As a result of the reforms introduced in the Human Fertilisation and Embryology Act 2008, legal parenthood of the children is vested in the mothers and their respective civil partners to the exclusion of the biological fathers who therefore have no right to apply for orders in respect of the children without the leave of the court. I am told that these two cases are the first to come before the court involving an application for leave to apply for s.8 orders from men who, having provided sperm for couples in a civil partnership, are by virtue of the 2008 Act not the legal fathers of the children thereby conceived. It is argued by counsel appearing before me that the outcome of this case has significant public policy...
A former pub landlord from West Yorkshire has become the first person in the UK to have a hand transplant. Mark Cahill, who is 51, had been unable to use his right hand after it was affected by gout. Doctors say he is making good progress after an eight-hour operation at Leeds General Infirmary. It is still very early to assess how much control of the hand will be gained - so far he can wiggle his fingers, but has no sense of touch. As well as being a first for the UK, it was also the first time a recipient's hand has been amputated during an operation to attach a donor hand.
Human enhancement and the future of work summarises technological advancements that could dramatically change how people work over the next decade. These technologies, such as cognitive enhancing drugs, bionic limbs and retinal implants, affect various human capacities such as memory, hearing and mobility. The report explores how, although human enhancement technologies might aid society, their use could raise serious ethical, philosophical, regulatory and economic issues that will need further consideration.
Campaigners fear assisted suicide is being legalised by the back door as record numbers of Britons end their lives at Dignitas – while their relatives escape investigation for helping them. The Swiss suicide clinic helped 33 people from this country to die last year – the highest ever annual figure – pushing the total during the past decade close to 250. But police passed only a handful of files to prosecutors over the assistance provided by loved ones, and no one was charged. A police worker even accompanied her mother to Switzerland but faced no sanction. The Association of Chief Police Officers (ACPO) has recently issued new guidelines to every force in the country about how they should investigate assisted suicides. Although the document is restricted, this newspaper has been shown the section that deals with deaths abroad. It highlights how tough such inquiries can be because of the difficulty in obtaining evidence from foreign authorities.
ACPO lead on homicide responds to the Mail on Sunday making it clear that where we recieve information or intelligence about assisted suicide cases, these investigations are pursued The police service is responsible for investigating cases of encouraging or assisting suicide involving British nationals whether it takes place in the UK or abroad. Whenever we receive information or intelligence about such a case, these investigations are pursued. It is therefore entirely misleading to suggest that ACPO is advising police officers not to investigate deaths abroad (“Assisted suicide 'is legalised' by police: Secret new guidelines from senior officers mean deaths are not investigated”, 24 Feb). The very purpose of such guidance is to assist investigation, by outlining specific considerations for investigators including the legal context and the need to engage with the CPS at earliest stages of an encouraged or assisted suicide inquiry. This is a complex area of investigation and over-si...
The police service is responsible for investigating cases of encouraging or assisting suicide, whether the actual suicide takes place in the UK or abroad and whenever we receive information or intelligence about such a case, these investigations are pursued. Following renewed guidance from the CPS, ACPO has developed specific guidance for police officers investigating such cases. The guidance encourages investigators to engage with the CPS at the very early stages of an encouraged or assisted suicide inquiry. When the police are informed of suicides that have taken place abroad this involves enquiries that lead to consideration of jurisdictional issues which can be complicated by other nations legal systems. Furthermore the progress of any investigation in part relies on the co-operation of foreign police services and agencies. It also requires any UK police force to be able to prove beyond reasonable doubt the circumstances under which the person died and this can be difficult...
Assisted suicide Some concern has been expressed in the media today about the effect of the CPS's policy for prosecutors in respect of cases of encouraging or assisting suicide. Assisting or encouraging suicide remains a criminal offence. The CPS guidelines do not, and could not, replace the law. While no prosecutions have been brought since the guidelines were issued, each case is considered on its own facts and merits and any inference that the CPS has implemented a blanket policy of not prosecuting for this offence is wrong.
The landmark decision of Gillick v West Norfolk Area Health Authority was a victory for advocates of adolescent autonomy. It established a test by which the court could measure children's competence with a view to them authorising medical treatment. However, application of the test by clinicians reveals a number of ambiguities which are compounded by subsequent interpretation of Gillick in the law courts. What must be understood by minors in order for them to be deemed competent? At what point in the consent process should competence be assessed? Does competence confer on minors the authority to refuse as well as to accept medical treatment? These are questions which vex clinicians, minors and their families. A growing number of commentators favour application of parts of the Mental Capacity Act 2005 to minors. In this paper, the limitations of this approach are exposed and more radical reform is proposed.
Dr Iain Kerr came under fire from Sir Graeme Catto, a former president of the General Medical Council (GMC) which registers UK doctors and now chairman of Dignity in Dying – a group which wants to give the terminally ill the option of killing themselves. Sir Graeme, who lives in Aberdeen, said he disapproved of the help Dr Kerr gave to elderly patients who were intent on suicide. Dr Kerr, who was a GP at Williamwood Medical Centre in Clarkston, East Renfrewshire, confessed to supplying sleeping tablets to a couple who wanted to end their lives together. He also revealed he had advised another pensioner how to use anti-depressants he was taking to kill himself and visited the patient while they took effect. Sir Graeme said: "Dignity in Dying is an organisation that is committed to working within the law to change the law. We simply do not condone healthcare professionals from medicine or nursing or any other group taking matters into their own hands. In Iain Kerr's case that is w...
He is not a typical campaigner. But behind his quiet manner is such a firm belief that assisted suicide should be legalised in Scotland that he has taken the extraordinary step of describing how as a GP he helped patients who wanted to end their lives. He did not embark on his medical career to do this. Instead, he said, he formed his views through reading and experience with patients over the years. Surprisingly he said Dame Cicely Saunders, credited with founding the hospice movement, made an impression on him early on. Dr Kerr, an atheist, is a volunteer driver for a hospice today. He said: "Cicely Saunders noticed doctors and nurses actually spent much less time with people with a terminal diagnosis and these people became more isolated as their needs increased. I think I was for a long time aware of the appropriateness of doctors discussing end-of-life issues or at least giving patients an opportunity to raise the subject."
New guidance on how the General Medical Council (GMC) deals with complaints against doctors who may have helped patients commit suicide has been published today. Encouraging or assisting suicide is a criminal offence and our new guidance reflects the law. Niall Dickson, Chief Executive of the General Medical Council The guidance will help the GMC decide if a doctor should face a fitness to practise hearing if they are alleged to have helped a person to die.
A 69-year-old woman has been found guilty of killing her former partner who was terminally ill. Joyce Evans strangled Colin Ballinger, 66, last July at her home in New Orleans Walk, Islington, north London.
A grandmother who strangled her terminally ill former partner has been given a suspended jail sentence. Joyce Evans, 69, killed 66-year-old former soldier Colin Ballinger at her home in New Orleans Walk, Islington, north London, last July. She was found guilty of manslaughter at a previous hearing at the Old Bailey. Judge Gerald Gordon said Evans, who has depression, should not have been left to provide the "arduous care" the dying man needed. Evans, who has served what would be equivalent to a 19-month jail sentence on remand, was given a 12-month jail sentence, suspended for two years, coupled with three years' supervision.
Jackson provides a meticulously argued, extensively researched and utterly compelling critique of the current regulation of phar- maceuticals. Her account of a medicine’s journey through the regulatory system in the UK paints a frightening picture of the widespread, predatory activities of profit-seeking pharmaceutical companies and the systematic failure of law and regulation effectively to hold them to account. The UK, with its well developed and well financed pharmaceutical industry and equally well entrenched tradition of state-run health care, provides a particularly fine case study for the exploration of the tension between the ideals of medicine and the pursuit of profit and, as such, it is to be hoped that this book will gain a wide, international audience.
New report finds half of dying Britons are not dying well At a pivotal time for end of life care in Britain the need for advance care planning is reinforced Divided in Dying, a new report from charity Compassion in Dying, finds that almost half of those who have lost someone close to them through a short or long illness, feel their loved one died badly (45%). In cases where the dying person had recorded their end of life wishes, relatives and friends are more likely to report that they had a good death (58%). Alongside recording end of life wishes (19%), better communication between the doctor and their loved one (39%), co-ordination of care (33%) and being able to die in a place of their choice (31%) were also identified as key aspects which could have improved the situation for the person who died in a bad way. Compassion in Dying surveyed over 2400 British adults who were asked to recall the experience of the last relative or close friend who died.
The Court of Appeal has given its judgment in the Tony Nicklinson, Paul Lamb and 'Martin' cases, involving three physically disabled men who challenged the laws that make euthanasia and assisted suicide illegal. The ruling is unlikely to provide much comfort to Tony Nicklinson's family, who are continuing his fight for lawful euthanasia in the courts following his death in August 2012, or to Paul Lamb, who has taken Nicklinson's place in the judicial review proceedings. Part of Martin's appeal, which was argued on different grounds to that of Nicklinson and Lamb, was successful.
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