2,217 research outputs found

    Restricting Movement or Depriving Liberty?

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    This judicial appeal for clarity exposes a jurisprudential problem which threatens one of our most fundamental human values; the right to liberty. For no-one really knows what it means to be “deprived” of one’s “liberty”. The extremities are straightforward. Prisoners are deprived; picnickers are not. But liberty deprivations may “take numerous other forms [whose] variety is being increased by developments in legal standards and in attitudes”. Technology, too, has played its part in such developments by introducing novel ways of restricting movement beyond the paradigmatic lock and key. The more expansive those other forms, however, the greater the risk of legal uncertainty

    Protecting the Suicidal Patient

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    Savage v South Essex Partnership NHS Foundation Trust[2007] EWCA Civ 137

    The bournewood gap (As Amended?)

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    Is Capacity “In Sight”?

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    Convicted of rape, Mr B was sent to Broadmoor. His psychiatrist diagnosed bipolar affective disorder and wanted, if necessary, to compulsorily treat him with anti-psychotic medication. In his professional opinion, Mr B lacked insight into his condition and lacked the capacity to refuse the treatment. Baroness Hale once remarked that “psychiatry is not an exact science”. If there was ever a case to confirm that view, this is it

    First Do No Harm. Second Save Life?

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    Some 50,352 people killed themselves in England and Wales between 1997 and 2006. Reducing this human toll of inner turmoil has long been a key national priority for health services. But protecting us from ourselves is no easy task when the apparent benefits of escaping life outweigh the agony of having to endure it. Often it is too late for someone’s suicidal ideation to come to the attention of the authorities. Sometimes, however, the risk to life is more readily apparent: on average, 1300 patients already known to mental health services commit suicide every year.The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is slowly realigning the moral and legal obligations of public bodies to protect life, with Article 2 imposing three duties upon the state. Firstly, a negative duty to refrain from taking life, save in prescribed exceptional circumstances. Secondly, a procedural obligation to investigate deaths for which it might bear some responsibility. Finally, there is a positive obligation to take steps to protect our lives which is the exclusive focus of this paper

    Anaphylaxis: a study of the condition and treatment

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    Anaphylaxis is a sudeen, severe and life threatening hypersensitivity reaction following exposure to a foregin protein. The majority of anaphylactic deaths are caused by envenomation from stings followed by adverse reactions to drugs and food.Treatment tends to be  through the use of intra muscular adrenaline, nebulised salbutamo, anti histamines and steroids, although evidence has shown that the time required for the anti histamines and steroids to work shows little benefit for the patient in the early treatment stage.Given the nature of anaphylaxis, research on human subjects is fraught with ethical dilemas and a status quo in treatment regimes is likely for the foreseeable futur
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