medical – Page 3 – Charles Cooper

Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896

‘The judge made an error of law in regarding the absence of belief…’ in a diagnosis or prognosis ‘…as determinative of the functional test…’ in s.3(1) MCA 2005, ‘…an error made through no fault of her own given that she was applying the test as set out by Munby J in Re MM [2007] EWHC…
Read more: Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896
Re AA (treatment) [2024] EWCOP 39 (T3)

The court will not ‘rubber stamp’ a clinical decision in a case where the parents’ opposition to medical opinion ‘has been clear for a long time’, ‘the court should have been accessed sooner…’ with ‘…two significant consequences:- (i) There is now only one available option before the court, and (ii) There is a perception of…
Read more: Re AA (treatment) [2024] EWCOP 39 (T3)
St Georges NHS Trust v. Casey [2023] EWHC 2244 (Fam)

When asked to declare the death of an adult, and that the withdrawal of medical intervention is lawful, the Court will apply the same principles as those applied by the Court of Appeal in Re M (Death of a Child) [2020] EWCA Civ 164: https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/2244
Read more: St Georges NHS Trust v. Casey [2023] EWHC 2244 (Fam)

Charles Cooper | Barrister