The degree to which doctors and NHS Trusts might be responsible under the Human Rights Act 1998 for negligent treatment, leading to the death of a patient, was more recently considered in the case of Rabone v Pennine Care NHS Trust [2012] UKSC 2. Both the High Court and the Court of Appeal had held that the NHS trust was not under a positive obligation under the ECHR, art 2 to take reasonable steps to prevent a patient from committing suicide when being released from a psychiatric hospital on home leave. In reaching this conclusion, reliance was placed on the fact that the patient was not formally detained under the Mental Health Act 1983 at the time of her suicide. On appeal, the Supreme Court overturned this finding. The Supreme Court held that the NHS trust had assumed responsibility and control over the patient, who had been admitted to the hospital when facing a real and immediate risk of suicide. It found that the Trust should have detained the patient under the Mental Health Act 1983 when she was insisting to leave the hospital as there was a real risk that she would take her life when allowed home. The Trust had therefore [...].
Answer
failed to take reasonable steps to prevent the real and immediate risk of suicide in breach of the ECHR, art 2
Tags
#freedom-of-person #human-rights #public
Question
The degree to which doctors and NHS Trusts might be responsible under the Human Rights Act 1998 for negligent treatment, leading to the death of a patient, was more recently considered in the case of Rabone v Pennine Care NHS Trust [2012] UKSC 2. Both the High Court and the Court of Appeal had held that the NHS trust was not under a positive obligation under the ECHR, art 2 to take reasonable steps to prevent a patient from committing suicide when being released from a psychiatric hospital on home leave. In reaching this conclusion, reliance was placed on the fact that the patient was not formally detained under the Mental Health Act 1983 at the time of her suicide. On appeal, the Supreme Court overturned this finding. The Supreme Court held that the NHS trust had assumed responsibility and control over the patient, who had been admitted to the hospital when facing a real and immediate risk of suicide. It found that the Trust should have detained the patient under the Mental Health Act 1983 when she was insisting to leave the hospital as there was a real risk that she would take her life when allowed home. The Trust had therefore [...].
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
The degree to which doctors and NHS Trusts might be responsible under the Human Rights Act 1998 for negligent treatment, leading to the death of a patient, was more recently considered in the case of Rabone v Pennine Care NHS Trust [2012] UKSC 2. Both the High Court and the Court of Appeal had held that the NHS trust was not under a positive obligation under the ECHR, art 2 to take reasonable steps to prevent a patient from committing suicide when being released from a psychiatric hospital on home leave. In reaching this conclusion, reliance was placed on the fact that the patient was not formally detained under the Mental Health Act 1983 at the time of her suicide. On appeal, the Supreme Court overturned this finding. The Supreme Court held that the NHS trust had assumed responsibility and control over the patient, who had been admitted to the hospital when facing a real and immediate risk of suicide. It found that the Trust should have detained the patient under the Mental Health Act 1983 when she was insisting to leave the hospital as there was a real risk that she would take her life when allowed home. The Trust had therefore [...].
Answer
failed to take reasonable steps to prevent the real and immediate risk of suicide in breach of the ECHR, art 2
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Open it f suicide. It found that the Trust should have detained the patient under the Mental Health Act 1983 when she was insisting to leave the hospital as there was a real risk that she would take her life when allowed home. The Trust had therefore <span>failed to take reasonable steps to prevent the real and immediate risk of suicide in breach of the ECHR, art 2.<span><body><html>
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