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different types of serious cases, namely those that involve sexual misconduct and dishonesty. 4.4 The Case of Dr Bawa-Garba The facts relating to the case of Dr Hadiza Bawa-Garba

in the various cases that have come before the courts, and the reasons underlying those decisions. We now turn to these cases in detail. 17.5 The English Cases The first and

negligently so or not. Such a case could be called a ‘pure diagnosis’ case. At the other end of the spectrum is the second type of case: a ‘pure treatment’ case, where the nature of the

necssarily true in MCS cases. Indeed, the cases could often overlap in the sense that medical evidence can change circumstances, as a number of the above cases worryingly demonstrate

negligently so or not. Such a case could be called a ‘pure diagnosis’ case. At the other end of the spectrum is the second type of case: a ‘pure treatment’ case, where the nature of the

GNM with the Human Rights Act 1998. Two essential arguments were made: (i) that there was no ‘fair trial’ (Article 6 ECHR) in such cases because they involve juries that are not required

the case, Emeh became the leading case in England and the practice of allowing damages for the upkeep of an uncovenanted, healthy child was followed in a succession of cases—and these

child save in the most extreme cases. In such a case the doctor is likely to want a court order authorizing the treatment. Even then it is clear from the case law that it will require a

of itself, sufficient ground to sustain her claim in negligence; it was essential to the success of her case that she proved that her condition had been caused by repetitive movements

perform procedures which are not essential for the patient’s immediate survival or well-being. This was established in two well-known Canadian cases where the courts explored the distinction

background context ahead of our examination of case law, starting from the seminal case of Gillick. Thereafter, post- Gillick case law is explored in select areas, including refusals

treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case. 51 It does seem that the draughtsman

subject’s medical interests. The solution of some such cases will be obvious—clearly, for example, it would not be essential to obtain court approval before undertaking a hysterectomy

The case gave rise to other claims, such as the case of Eluana Englaro (decision no 334 of the Italian Constitutional Court dated 8 October 2008). For commentary on that case, see

disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins. Commenting on the likely response to a Tarasoff -type case in the

concluded that: Whatever the case may be, proprietary interest does not provide any necessary procedural advantage to claimants in the post-mortem context, and cases that deal with interference

treatment, or withholding consent to an essential therapy for their child—for example, a blood transfusion. This is manifestly not such a case. The course of treatment proposed by Mr

v Ministry of Justice. 17 We discuss both the concept and the case below. 19.09 This brings us to the case of Dr Martin which can be seen as a bridge between Dr Moor and Dr

line of cases was developing which referred to the subject’s medical interests. The solution of some such cases will be obvious—clearly, for example, it would not be essential to obtain

but also checklists, a pro forma case summary, and advice on the minutiae of conducting interviews. Quite appropriately, he emphasises the essential similarity between representation