A decision by the Supreme Court in 2015 held that patients must be advised of the material* risks of treatment they are undergoing. It is therefore important that patients are advised of treatment options which are appropriate for them, including alternatives and the option not to undergo any treatment at all. Patients should also be advised of the potential benefits and risks to them for each of the options. For some patients it may be the case that, for them, the short-term benefits of undergoing invasive treatment outweigh the negatives of not receiving treatment. However, unless their doctor has had a full and frank discussion with them it is impossible for them to make such a decision and to provide informed consent.
The importance of ensuring that you are aware of the treatment options available to you, and of the relevant benefits and risks of these, is a duty all healthcare practitioners owe to their patients. Cases, even historic ones such as at North Bristol NHS Trust, only serve to emphasise that some healthcare practitioners continue to adopt a ‘my way or the highway’ approach to treatment, instead of considering the individual needs of their patients. Many patients will still have chosen the same type of treatment even if they had been fully informed, but some would not. For the vast majority of individuals this does not result in any long-term poor outcomes, but for some patients, like those at North Bristol, they are left debilitated or in pain.
At Anthony Collins Solicitors, we have acted for clients who have suffered poor outcomes as a result of failures by healthcare practitioners to advise appropriately and enable our clients to reach informed decisions about their healthcare. If you, or someone you know, would like to know more about the services we provide, please contact Christopher Frankling. We are happy to talk to you on an initial free, no-obligation basis.
*The test of materiality is whether, in the circumstances, a reasonable person in the patient's position would be likely to attach significance to the risk, or the doctor is, or should, reasonably be aware that the particular patient would be likely to attach significance to it. The law therefore recognises that a risk which is ‘material’ or significant to one person may not necessarily be the same to another, and therefore healthcare practitioners should take into account their patient’s background, any concerns expressed and how substantial the wrong decision may be for the individual.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
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