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Jersey Case Law

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Medical law [2018] JRC 012

AG -v- A

AG -v- A [2018] JRC 012 (16 January 2018)

The court held that Ms A lacked capacity to refuse medical treatment because fear of consequences from third parties overbore her judgment.

  • Consent to medical treatment
  • Mental capacity assessment
  • Undue influence and coercion
  • Emergency medical intervention
  • Medical-consent
  • Mental-capacity
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Criminal law [2007] JRC 132

AG -v- Vincent

AG -v- Vincent [2007] JRC 132 (06 July 2007)

Sentencing of a doctor who pleaded guilty to obtaining Class A drugs by false pretences and failing to provide a specimen. The court imposed community service and a fine.

  • Drug offences
  • False pretences
  • Professional misconduct
  • Sentencing
  • Mitigation
  • Drug-offences
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Medical law

In re C.J.R. v

In re C.J.R. v [2006] JLR_Note 22 (22 August 2006)

A Jersey Law Reports note on consent to medical treatment and the circumstances in which an interdict may be sought to address treatment disputes.

  • Consent to medical treatment
  • Interdict
  • Medical-law
  • Consent-to-medical-treatment
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Medical law [2004] JRC 206

Gildea v States of Jersey Health and Social Servic

Gildea v States of Jersey Health and Social Servic [2004] JRC 206 (25 November 2004)

The Court of Appeal refused a pre-trial application to exclude a treating doctor’s expert evidence, holding that any potential bias went to weight, not admissibility.

  • Expert evidence
  • Bias
  • Professional negligence
  • Expert-evidence
  • Professional-negligence
  • Medical-negligence
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Medical law [2004] JLR 422

Nicholson v Health & Social Servs.

Nicholson v Health & Social Servs. [2004] JLR 422 (22 November 2004)

Medical negligence claim over delay in emergency caesarean failed. The court held a 55-minute decision-to-delivery interval was not negligent in 1977.

  • Medical negligence
  • Standard of care
  • Caesarean section timing
  • Medical-negligence
  • Standard-of-care
  • Caesarean-section-timing
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Medical law

Nicholson v Health & S.S.Cttee.

Nicholson v Health & S.S.Cttee. [2004] JLR_Note 25 (04 June 2004)

Note on a medical negligence dispute in which Nicholson alleged negligent treatment by the Health & S.S. Cttee. The issue concerned breach of the standard of care.

  • Medical negligence
  • Medical treatment
  • Medical-negligence
  • Medical-treatment
  • Tort-law
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Prison law [2004] JLR 1

Att. Gen. v X

Att. Gen. v X [2004] JLR 1 (14 January 2004)

The court considered whether a fully competent adult prisoner may refuse nutrition, hydration, or medical treatment, including by advance directive.

  • Prisoners' rights
  • Refusal of treatment
  • Advance directives
  • Prisoners-rights
  • Refusal-of-treatment
  • Advance-directives
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Medical law [2004] JRC 010

AG v X

AG v X [2004] JRC 010 (14 January 2004)

The court held that a mentally competent adult prisoner may refuse food, drink, and treatment, and that an advance directive can remain effective after loss of capacity.

  • Force feeding
  • Advance directives
  • Capacity to refuse treatment
  • Prisoners' rights
  • Right to self-determination
  • Sanctity of life
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Family law [2002] JRC 202

re X v

re X v [2002] JRC 202 (18 October 2002)

The Jersey Royal Court held that a 16-year-old girl could refuse consent to release tissue from an aborted foetus to the police, and the court would not override that refusal.

  • Consent to medical procedures
  • Status of foetus
  • Parental rights vs minor's rights
  • Inherent jurisdiction over minors
  • Release of tissue for police investigation
  • Consent-to-medical-procedures
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Family law [1995] JLR 296

In re An Infant v

In re An Infant v [1995] JLR 296 (03 October 1995)

The court held that parents’ consent is normally required for a child’s treatment, but it may authorize treatment without consent if refusal is unreasonable and treatment is in the child’s best interests.

  • Consent to medical treatment
  • Parental rights
  • Best interests of the child
  • Consent-to-medical-treatment
  • Best-interests-of-the-child
  • Parental-rights
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