Legal News (Healthcare Law)

Following the publication on 17 July 2013 of the Assisted Decision Making (Capacity) Bill 2013 long awaited reform of the law relating to mental capacity and assisted decision making inched closer to reality.

The Medical Council’s Annual Report published at the end of May 2013 showed complaints against doctors in 2012 were up 12% to a record 423 complaints. The main areas of complaint included communication, diagnosis, clinical investigations, follow up care and surgical procedures.

Open disclosure has been described by the Australian Commission on Safety and Quality in Healthcare as “an open discussion of incidents that result in harm to a Patient while receiving healthcare. This includes expressing regret for what has happened, keeping the Patient informed, providing feedback on investigations and the steps taken to manage the event and prevent and prevent a reoccurrence”.

In a significant policy U-turn, the Minister for Health, James Reilly, this week ordered the HSE not to destroy blood samples taken from new-born babies during the course of their heel prick test.

Caroline Crowley, Partner, recently acted for a hospital in seeking a Court Order to compel a pregnant woman to undergo a caesarean section.

The High Court recently made an Order permitting the taking of blood samples from a 15 year old girl suffering from a psychiatric disorder.