Tag: Health Professions

Mitocariu and Another, Regina (on The Application of) v Central and North West London NHS Foundation Trust: Admn 31 Jan 2018

These proceedings raise points of principle in respect of the powers of NHS Foundation Trusts pursuant to the National Health Service Act 2006 (‘the 2006 Act’) regarding financial assistance to patients whilst they are detained pursuant to hospital orders made under the Mental Health Act 1983 (‘the 1983 Act’). In essence they raise a question about the powers or duties of NHS Foundation Trusts in circumstances where the patient receiving mental health care is or appears to be unable, for whatever reason, to fund occasional expenses.

Citations:

[2018] WLR(D) 61, [2018] EWHC 126 (Admin)

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Health, Health Professions

Updated: 04 April 2022; Ref: scu.604750

MSD Animal Health Innovation and Intervet International v EMA: ECFI 5 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the EMA and submitted in the context of the application for marketing authorisation for the veterinary medicinal product Bravecto – Decision to grant a third party access to the documents – Exception relating to the protection of commercial interests – No general presumption of confidentiality

Citations:

ECLI:EU:T:2018:67, [2018] EUECJ T-729/15

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Jurisdiction:

European

Health Professions

Updated: 04 April 2022; Ref: scu.604730

Dovera Zdravotna Poist’ovna v Commission: ECFI 5 Feb 2018

State Aid – Health Insurance Bodies – Judgment – State aid – Health insurance bodies – Capital increase, debt repayment, subsidies and Risk Equalisation Scheme – Decision finding no State aid – Concept of State aid – Concept of undertaking and economic activity – Principle of solidarity – State supervision – Activity that is economic in nature – Competition on quality – Presence of operators seeking to make a profit – Pursuit, use and distribution of profits – Error of law – Error of assessment

Citations:

ECLI:EU:T:2018:64, [2018] EUECJ T-216/15

Links:

Bailii

Jurisdiction:

European

Health Professions

Updated: 04 April 2022; Ref: scu.604719

Gallardo v Imperial College Healthcare NHS Trust: QBD 8 Dec 2017

This case is concerned with what should happen following medical treatment and the duty to inform the patient of its outcome, the prognosis, and of any requirement for follow up and further treatment or monitoring.

Citations:

[2017] EWHC 3147 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 02 April 2022; Ref: scu.602137

Simma Federspiel v Provincia Autonoma di Bolzano: ECJ 20 Dec 2017

Freedom of Establishment Freedom of Establishment Freedom To Provide Services Internal Market – Principles Freedom of Movement for Workers – Reference for a preliminary ruling – Freedom of establishment and freedom of movement for workers – Articles 45 and 49 TFEU – Mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine – Directives 75/363/EEC and 93/16/EEC – Remuneration of trainee specialist doctors

Citations:

ECLI:EU:C:2017:997, [2017] EUECJ C-419/16

Links:

Bailii

Jurisdiction:

European

Employment, Health Professions

Updated: 02 April 2022; Ref: scu.602111

T v Secretary of State for Justice: Admn 7 Dec 2017

Application for judicial review, seeking a declaration of incompatibility under s. 4(2) of the Human Rights Act 1998 in relation to the prohibition on assisted suicide contained in s. 2(1) of the Suicide Act 1961

Judges:

Sir Brian Leveson P QBD,Whipple DBE J

Citations:

[2017] EWHC 3181 (Admin)

Links:

Bailii

Statutes:

Human Rights Act 1998 4(2), Suicide Act 1961 2(1)

Jurisdiction:

England and Wales

Human Rights, Health Professions, Crime

Updated: 02 April 2022; Ref: scu.601446

P and Others (Human Fertilisation and Embryology Act 2008) (No 2): FD 13 Oct 2017

Following the identification of various errors in the paperwork at a fertility treatment centre, the court had ordered an audit. That audit had taken place and a further few errors identified. However after further concerns, the HFEA had re-audited the centre’s files, with the results suggesting that the first audit had been inadequate. Complaints were now raised as to the contents of a standard letter sent by the doctor then in charge to the families affected.
Held: Problems as to legal parenthood arising from a lack of signed consent could not be resolved without a formal court order.
The Court also questioned the possibility that legal advice had een given to some clinics, that a statement of parental wishes might be signed in order to aleviate any question which might arise.

Judges:

Sir James Munby P FD

Citations:

[2017] EWHC 2532 (Fam)

Links:

Bailii

Statutes:

Human Fertilisation and Embryology Act 2008

Jurisdiction:

England and Wales

Family, Health Professions

Updated: 01 April 2022; Ref: scu.598966

Conway, Regina (on The Application of) v The Secretary of State for Justice: Admn 5 Oct 2017

The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages.

Citations:

[2017] EWHC 2447 (Admin), [2017] WLR(D) 634

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961 2

Jurisdiction:

England and Wales

Cited by:

At Admn – Conway v The Secretary of State for Justice CA 18-Jan-2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal . .
At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice and Others CA 27-Jun-2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. . .
At Admn – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Crime

Updated: 01 April 2022; Ref: scu.598384

Malta Dental Technologists Association and Reynaud v Superintendent tas-Sahha Pubblika: ECJ 21 Sep 2017

Freedom of Establishment – Freedom To Provide Services : Judgment – Reference for a preliminary ruling – Directive 2005/36/EC – Recognition of professional qualifications – Dental technologists – Conditions governing the practice of the profession in the host Member State – Requirement for the compulsory intermediation of a dental practitioner – Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State – Article 49 TFEU – Freedom of establishment – Restriction – Justification – Public interest objective of ensuring the protection of public health – Proportionality

Citations:

C-125/16, [2017] EUECJ C-125/16

Links:

Bailii

Jurisdiction:

European

Health Professions

Updated: 30 March 2022; Ref: scu.595405

Doherty v The Nursing and Midwifery Council: CA 19 Sep 2017

The appellant nurse challenged refusal of her re-registration after her second conviction for drink driving.
Held: The Panel’s decision was not to be faulted.

Judges:

Sir Terence Etherton MR, Davis, Underhill LJJ

Citations:

[2017] EWCA Civ 1344

Links:

Bailii

Statutes:

Nursing and Midwifery Order of Council 2001

Jurisdiction:

England and Wales

Health Professions

Updated: 30 March 2022; Ref: scu.594988

Re SW: CoP 12 Apr 2017

The court considered a situation where a patient needed a bone marrow transplant to survive. His adoptive sister was able to provide the marrow but lacked capacity to consent. Their father was qualified and experienced to carry out the procedure, but was not a registered medical practitioner.
Held: The claim was struck out. Both practitioners had had their registrations withdrawn by the Fitness to Practice board it was not established properly that the proposed donor lacked capacity to make such a decision. Moreover under the 2006 Act, the involvement of a registered medical practitioner could not be dispensed with. As to costs, though the application was made in the son’s name, the two practitioners were so closely involved that an order for the payment of costs should be made against them also.

Judges:

Sir James Munby, P CoP

Citations:

[2017] EWCOP 7

Links:

Bailii

Statutes:

Human Tissue Act 2004, Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 10 11

Jurisdiction:

England and Wales

Health Professions

Updated: 27 March 2022; Ref: scu.588177

Vanderborght: ECJ 4 May 2017

ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Oral and dental care – National legislation prohibiting advertising in the case of oral and dental services – Existence of a cross-border element – Protection of public health – Proportionality – Directive 2000/31 / EC – Information Society Service – Advertising via a website – Member of a regulated profession – Professional rules – Directive 2005/29 / EC – Unfair commercial practices – National provisions relating to To health – National provisions governing regulated professions

Judges:

L. Bay Larsen (Rapporteur), P

Citations:

C-339/15, [2017] EUECJ C-339/15, ECLI:EU:C:2017:335

Links:

Bailii

Jurisdiction:

European

Health Professions

Updated: 26 March 2022; Ref: scu.584354

The Pharmaceutical Services Negotiating Committee and Another, Regina (on The Application of) v Secretary of State for Health: Admn 18 May 2017

Challenges to the legality of the process by which remuneration of pharmacies which dispense medicines and provide other services within the NHS was to be reduced as part of the financial savings required.

Judges:

Collins J

Citations:

[2017] EWHC 1147 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 26 March 2022; Ref: scu.583978