This article provides a response to “A Bad Decision for Patients”, an article by Bertie Leigh, Partner at defence firm Hempsons, which appeared in Clinical Risk 2012;18 157 commenting upon the landmark judgment of the Supreme Court in Rabone v Pennine Care NHS Foundation Trust (2012); a decision which Mr Leigh deemed to be “profoundly wrong” and “bad for patients”. This article seeks to explain that his conclusions are based on a misinterpretation of the Supreme Court's decision.
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References
1.
Mind's newsletter Issue 11 April 2012.
2.
Rabone v Pennine Care NHS FT [2012] UKSC 2 at 34.
3.
Savage v South Essex Partnership NHS Trust [2009] 1 AC 681.
4.
Rabone v Pennine Care NHS FT [2012] UKSC 2 at 28.
5.
Keenan v UK (2001) 33 EHRR 913.
6.
Slimani v France (2006) 43 EHRR 49.
7.
Lady Hale at 105.
8.
At 43, quoting from Lord Carswell in In re Officer L [2007] 1 WLR 2135.
9.
At 96, quoting from the ECtHR's decision in Watts v United Kingdom (2010) 51 EHRR at 83.
