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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Health Professions - From: 1992 To: 1992This page lists 8 cases, and was prepared on 27 May 2018. Nancy B v Hotel-Dieu de Quebec (1992) 86 DLR (4th) 385; [1992] RJQ 361 1992 Health Professions An individual of full capacity is not obliged to give consent to medical treatment, nor is a medical practitioner or other service provider under any obligation to provide such treatment without consent, even if the failure to treat will result in the loss of the patient's life. The Superior Court of Quebec applied the Civil Code of Lower Canada to hold that Mrs. B. had the right to discontinue her respiratory support treatment, even though this would soon lead to her death. 1 Citers Roy v Kensington and Chelsea and Westminster Family Practitioner Committee Gazette, 06 May 1992; [1992] 1 AC 624; [1992] 7 CL 474; [1992] 2 WLR 239; [1991] UKHL 8; [1992] IRLR 233; (1992) 4 Admin LR 649; [1992] 3 Med LR 177; [1992] 1 All ER 705 6 Feb 1992 HL Lord Bridge of Harwich, Lord Emslie, Lord Griffiths, Lord Oliver of Aylmerton, Lord Lowry Judicial Review, Health Professions The respondent had withheld part of the plaintiff's GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be by way of public law action through a judicial review. Held: The fact that the defendant's decision was a public law act did not prevent the plaintiff pursuing his rights in private law and that could be by way of ordinary action. The plaintiff had a relationship with the committee which established private law rights. The rule of procedural exclusivity does not apply where a defendant in a civil case simply seeks to defend himself by questioning the validity of a public law decision. 1 Cites 1 Citers [ Bailii ] Dr Malliwal v The General Medical Council Council; PC 1-Jul-1992 - [1992] UKPC 19 In Re J (A Minor) (Child in Care: Medical Treatment) Gazette, 26 August 1992; [1993] Fam 15 26 Aug 1992 CA Children, Health Professions 1 Cites 1 Citers Airedale NHS Trust v Bland; FD 19-Nov-1992 - [1993] 2 WLR 316 Dr. Robert Ellis Jones v The General Medical Council Co [1992] UKPC 35 25 Nov 1992 PC Health Professions The General Medical Council [ Bailii ] Airedale NHS Trust v Bland; CA 9-Dec-1992 - [1993] 2 WLR 316 Dr. McAllister v The General Medical Council; PC 14-Dec-1992 - [1992] UKPC 40 |
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