swarb.co.uk - law index
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Health Professions - From: 1991 To: 1991
This page lists 6 cases, and was prepared on 27 May 2018.
Regina v Dhingra Unreported, 1991
1991
CC
Wright J
Crime, Health Professions
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case from the jury. The medical expert said "so far as the current thinking of the medical profession is concerned the use of the word "miscarriage" relates to the spontaneous loss of an established pregnancy and not the result of anything done to interfere with the processes of fertilization or implantation." Held: "Both doctors agree that so far as the current thinking of the medical profession is concerned the use of the word "miscarriage" relates to the spontaneous loss of an established pregnancy and not the result of anything done to interfere with the processes of fertilization or implantation." and "Both doctors agree that in the proper use of modern medical terminology the function of both the pill and the coil in such circumstances is contraceptive, and not abortifacient. To put it in layman's terms, the use of pill or coil in such circumstances is to prevent a pregnancy commencing, and not to displace an established pregnancy." The court referred to the case of Price: "The essential question for the jury is . . whether the defendant, at the time he inserted the coil, knew or believed that Miss F was pregnant, and, accordingly, introduced the instrument with intent to procure a miscarriage, or whether, as is the case for the defence, that he knew or believed that she was not pregnant, in the true sense of the word, and that his purpose in inserting the coil was for contraceptive purposes; in other words, to prevent her from becoming pregnant thereafter." As to the meaning of 'miscarriage': "I . . adopt the narrower interpretation of this part of section 58, and hold that the word "miscarriage" in this context relates to the spontaneous expulsion of the products of pregnancy. I further hold, in accordance with the uncontroverted evidence that I have heard, that a pregnancy cannot come into existence until the fertilized ovum has become implanted in the womb . . It follows from this - and I so hold - that the insertion of an intra-uterine contraceptive device before a pregnancy has become established, with the intention of preventing the successful implantation in the uterine wall of any fertilized ovum that may result from a prior act of sexual intercourse, does not amount to an offence under section 58 of the Offences Against the Person Act 1861."
Offences Against the Person Act 1861 58
1 Cites
1 Citers
Regina v Department of Health, Ex parte Ghandi [1991] 1 WLR 1053
1991
Discrimination, Health Professions
A claim was brought under the section which provides that it is unlawful "for an Authority or Body which can confer an authorisation for, or facilitates, engagement in a particular profession or trade to discriminate." It was claimed that there had been a breach of the section in respect of the failure to appoint a doctor to a vacancy or inclusion on a medical list of a locality.
Race Relations Act 1976 12(1)
1 Citers
Scally v Southern Health and Social Services Board [1991] 4 All ER 563; [1992] 1 AC 294; [1991] IRLR 525
1991
HL
Lord Bridge
Northern Ireland, Health Professions, Contract, Damages, Employment
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to purchase additional superannuation contributions. They had not been told of the rights and had failed to exercise them. They claimed damages for breach of contract and of statutory duty. Held: The term was valuable and not negotiated with the plaintiffs. The defendants had a duty to bring the new rights to their attention. "If a duty of the kind in question is not inherent in the contractual relationship, I do not see how it could possibly be derived from the tort of negligence." The claims were not time barred because the obligation to inform had been continuing.
Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 4(1) 5 - Health Services (Superannuation) Regulations (Northern Ireland) 1962 (1962 (NI) 237) - Health Services (Superannuation) (Amendment) (Number 3) Regulations (Northern Ireland) 1974 (1974 (NI) 327)
1 Citers
Mohammed Ali Reza v The General Medical Council Co; PC 4-Mar-1991 - [1991] UKPC 8
Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg C-340/89; [1991] ECR I-2357; [1991] EUECJ C-340/89
7 May 1991
ECJ
European, Health Professions
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a comparison between the qualifications certified by his diplomas, certificates and other formal qualifications and the professional qualifications required by the national rules for the exercise of the profession in question.
1 Citers
[ Bailii ]
Dr Cairn v The General Medical Council Co [1991] UKPC 24
19 Jun 1991
PC
Health Professions
The General Medical Council
[ Bailii ]
