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InPractice is a subsidiary company of the law firm RadcliffesLeBrasseur that regularly publish guides on legal matters that health professionals should find of interest. InPractice hopes that you find the following selection of the guides useful.
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Law briefings
 
 
Care homes
Resuscitation of mentally ill elderly patients and DNR policies, April 2006
The question of whether resuscitation ought to be attempted on an elderly patient has recently been reported in the media. More...
 
Care homes to become public authorities? March 2006
The Human Rights Act is expressed to apply to public authorities. However... More...
 
Regulatory powers of the NMC,
Feb 2006
As a result of several high profile cases relating to “rogue” healthcare professionals (eg Shipman),.. More...
 
Protection of vulnerable adults: Guardianship or the Court's inherent jurisdiction, Jan 2006
The Mental Health Act 1983 provides for a Guardianship Order to be made if... More...
 
POVA - The First 100 Referrals,
Dec 2005
On 26 th July 2004 the Department of Health introduced the Protection of Vulnerable Adults (POVA) list. More...
 
Settling disputes with the Regulator on conditions - a gap in the Act and the Tribunal's procedural powers, Nov 2005
The Commission for Social Care Inspection is able to impose a condition on... More...
 
To have or not to have... CRB checks for staff before starting work, Oct 2005
The Care Standards Regulations 2001 1 make it plain that a CRB check is required prior to... More...
 
Protection of vulnerable adults - recent court guidance, Sept 2005
Issues relating to the care of vulnerable adults and children often attract media interest. Equally they often give rise to... More...
 
Understanding the Interface with Mental Health Services, Aug 2005
The Government have been investing significant sums in mental health services to improve... More...
 
Untoward and serious incidents, July 2005
Untoward incidents in care homes and hospitals range from... More...
 
Compensation for negligent nursing care, June 2005
A favourite target for the media is the quality of nursing home care. More...
 
Statutory Dismissal and Grievance Procedures, May 2005
On 1 October new compulsory procedures regarding... More...
 
Termination of employment of suspended staff, April 2005
With healthcare facing increasing regulation, occasions where staff are suspended while investigations or prosecutions are underway are increasing. More...
 
Nominating a next of kin,
March 2005
Despite the widespread use of the phrase ‘next of kin’, this is neither defined... More...
 
Resident's Entitlement to Vote in General Elections, Feb 2005
With the forthcoming General Election, issues are likely to arise regarding... More...
 
Bournewood - Implementation of Government Guidance, Jan 2005
The European Court of Human Rights has recently overruled the decision of the House of Lords in the... More...
 
 
Health
Withholding and Withdrawing Life - prolonging Treatment - Clarification by the Court of Appeal, Oct 2005
The Court of Appeal has recently given judgment in the case of Oliver Burke. More...
Causation in clinical negligence,
June 2005
Gregg v Scott is a case on causation and more particularly a claim for... More...
A Doctrine of Informed Consent?
Jan 2005
In Chester v Afshar the House of Lords has effectively swept aside... More...
 
Mental Health
Resuscitation of mentally ill elderly patients and DNR policies, April 2006
The question of whether resuscitation ought to be attempted on an elderly patient... More...
 
Civil Partnership, March 2006
The Civil Partnership Act 2004 came into force on 5 December 2005 permitting... More...
 
Leaks of patient information to the media: can the press be required to disclose the source? Feb 2006
A patient’s right to confidentiality of his medical records... More...
 

Mental Health Review Tribunals: a miscellany of recent decisions,
Jan 2006

The question of the correct standard of proof to be applied by the MHRT... More...
 
Section 2 Detention and Incapable Patients - House of Lords Decision, Dec 2005
We recently reported in Briefing No. 88, the Court of Appeal’s decision in... More...
 

The Decision of the House of Lords in Munjaz: giving less significance to the Code of Practice?
Nov 2005

In 1994 Mr Munjaz, having spent a number of spells in prison and... More...
 
Hospital managers given an over-riding discretion, Oct 2005
Although the powers of discharge given to Managers are not subject to... More...
 
What implications does Bournewood ruling have on ECT treatment, Sept 05
Prior to the judgment of the European Court of Human Rights in the case of HL v UK... More...
 
Nearest Relatives: A miscellany of latest case law, Aug 05
The role of the nearest relative is an important safeguard under the... More...
 
Tribunal Hearings: the Burden of Proof, June 2005
Until recently there has been uncertainty as to the correct standard... More...
 
Section 2: Detention and Incapable Patients, May 2005
The Court of Appeal has recently passed judgement in... More...
 
Treatment, Nearest Relatives and Managers' Decisions, April 2005
Last year we reported a Court of Appeal decision restricting the use of... More...
 
Mental Health Bill needs radical overhaul, March 2005
Government plans to reform mental health provision will force... More...
 
Contacting a patient's family-how far does confidentiality extend? March 2005
RadcliffesLeBrasseur have recently represented a private sector mental healthcare provider in... More...
 
Patients' Entitlement to Vote in General Elections, Feb 2005
With the forthcoming General Election, issues are likely to arise... More...
 
Bournewood - Guidance on Implementation, Jan 2005
The European Court of Human Rights has recently... More...



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