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24 April 2008
Issue: 7318 / Categories: Features , Child law , Professional negligence , Mental health
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Doc Brief

Protecting the detained patient >>
Misreading signals >>
Births and injuries >>
Madness in child care >>

Protecting the detained patient

One  common misconception, now being rapidly dispelled, is that a hospital is always a safe place to inhabit. Mental disorder poses particular risks; some 150–200 in-patients are believed to kill themselves each year while being in hospital. Human rights legislation has added a new dimension to considerations of a hospital’s duty of care to protect patients. The matter came up for discussion in Savage v South Essex Partnership NHS Foundation Trust and Another [2007] EWCA Civ 1375, [2007] All ER (D) 316 (Dec).

Mrs Savage had suffered from a mental illness which led to her being compulsorily detained under s 3 of the Mental Health Act 1983 (MHA 1983). It transpired she had had a long history of mental illness and had made numerous attempts to leave hospital. One day she absconded from the hospital holding her, walked to a railway station and jumped in front of a train and was killed. Her daughter sought damages against the responsible hospital trust claiming that they

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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