17.Rv.Arthur,The Times 5.11.81, was a case where nutrition was withheld from a severely
disabled neonate, who died. There was some evidence of acute ailments other than
those initially identified, and which might have led to death. The doctor appeared to
have decided, with the parents, that they did not want the child to survive, but was
nevertheless acquitted by the jury. InRv.Cox[1993] 2 All ER 19 the jury were in tears
as they convicted of attempted murder relating to an elderly terminal patient who had
repeatedly asked for release from her intractable pain.
- The so-called `Woolf Reforms' following a report by Lord Woolf.
- Section 13, Supply of Goods and Services Act 1982.
- There are of course important cases where the facts affect many different people, such
as industrial disease and drug defect claims, but these are in the minority. - The so-called `neighbour principle' expounded by Lord Atkin inDonoghuev.Stevenson
in 1932 has been extremely influential in the development of liability for negligence
over the past 30 years. - A dissent by Lord Justice Denning inCandlerv.Crane Christmasin 1949 <[1951] 2 KB
164) formed the basis of the decision of the House of Lords inHedley Byrnev.Hellerin
1964 <[1964] AC 465). - The so-calledBolamtest for medical negligence was laid down by Mr Justice McNair,
but has been endorsed by many senior judges in the Court of Appeal and House of
Lords. - Also decisions of the European Commission on Human Rights and of the Council of
Ministers of the Council of Europe, both of which formerly had a role in the application
of the European convention. - Human Rights Act 1998, section 2.
- Those working in mental health are also governed by the Mental Health Act, making
four in all. - See http://www.ukcc.org.uk/index.html
- As inSouthampton & District HAv.Worsfold<1999) LTL 15.9.99, where a female speech
therapist's work was rated at 55 and a male clinical psychologist's at 56.5. - UKCC Guidelines for Professional Practice 1996, pp. 9±11.
18 Nursing Law and Ethics