Medical Law Matters

In this episode of Medical Law Matters, Rob Tobin is joined by Dr. Laura Nohavicka, a Consultant in Paediatric Palliative Medicine at Helen & Douglas House Children’s Hospice in Oxford, for an in-depth discussion on media scrutiny in high profile medical treatment cases. They consider the impact of the Abbasi Supreme Court Judgement; what impact scrutiny from the media has on staff and patients; explore the reasons why families might want to generate media interest and discuss what lessons can be learnt, amongst other things.

In this episode of Medical Law Matters, Rob Tobin is joined by two distinguished guests to explore the issue of mental capacity in the context of medical treatment decisions. Together, they unpack how capacity is assessed in practice and interrogate the deeper ethical questions surrounding autonomy, choice, and decision-making. Guest Speakers: Dr Ty Glover – Consultant Psychiatrist in Eating Disorders With over 20 years of experience in the field of eating disorders, Ty also works as an independent medico-legal expert, regularly giving evidence in the Court of Protection. His insight bridges clinical practice and legal processes, particularly around complex psychiatric presentations where capacity is in doubt. Professor Richard Holton – Professor of Philosophy, University of Cambridge Richard specialises in moral philosophy and the philosophy of mind, with a particular focus on the boundaries of personal control and agency. His academic work spans addiction, autonomy, and decision-making, offering a philosophical lens through which to view how we understand – and sometimes might misunderstand – mental capacity. What you'll learn in this episode: How clinicians evaluate whether someone has the capacity to make medical decisions The legal implications of those assessments in healthcare settings How philosophical ideas of autonomy and control relate to real-world cases Why the concept of mental capacity is more nuanced than it may first appear

In this episode, recorded on 26 March 2025, we explore the complexities surrounding the Terminally Ill Adults End of Life Bill in England and Wales, commonly referred to as the Assisted Dying Bill. This proposed legislation raises fundamental questions about autonomy, medical ethics, and legal practicality. Rob Tobin is joined by Dan Freeman, fellow partner at Kennedys in the medical law team, to discuss: The legal principle of autonomy and how it shapes the debate on assisted dying. Key medical law cases that have influenced the shift away from paternalistic medicine, including Montgomery on consent, Tracey on DNACPR, and Cheshire West on deprivation of liberty. The potential challenges this legislation poses for healthcare professionals and the legal system. With assisted dying continuing to be a highly debated and sensitive issue, this episode provides insight into the practicalities, ethical dilemmas, and legal implications of this fast-moving topic. In this podcast episode, references to Kennedys’ submission to the Bill Committee’s call for evidence on the Terminally Ill Adults (End of Life) Bill are made in relation to Kennedys’ submission (dated 3 February 2025), which was prepared for the Bill Committee.  Sensitivity warning: This episode discusses end-of-life decisions, which some listeners may find distressing. 

In this episode, we delve into the complex intersection of medical law and eating disorders, joined by Dr Anna Conway-Morris, Consultant Psychiatrist at the Adult Eating Disorder Service at Cambridgeshire and Peterborough NHS Foundation Trust. Listen as we explore: Capacity and patient autonomy: Understanding how eating disorders impact a patient's ability to make informed decisions about treatment. Legal frameworks: The use of the Mental Health Act and Mental Capacity Act in managing treatment and care. Early intervention: The importance of timely diagnosis and the FREED programme’s success in improving outcomes. The role of the ‘nearest relative’: Examining the legal and emotional challenges faced by families. Innovative treatment approaches: Insights into community-based care and reducing hospital admissions. Anna shares real-life experiences and challenges in treating eating disorders while ensuring patients retain as much autonomy as possible. Sensitivity warning: This episode discusses eating disorders and related treatments, which may be distressing to some listeners. Listener discretion is advised. Resources: FREED Early Intervention Programme Family-Based Approach Royal College of Psychiatrists eating disorder info BEAT eating disorder

In episode 2 of the Medical Law Matters podcast, Rob Tobin continues his conversation with Dr Zoë Fritz on advance care planning. Together, they delve deeper into the topic, building on part one’s foundational discussion, and explore: The ReSPECT (Recommended Summary Plan for Emergency Care and Treatment) process: Its implementation across the UK and its role in aligning patient preferences with clinical judgement. The timing of conversations: Identifying triggers for these discussions, including hospital admissions and significant medical procedures. Ethical complexities: Balancing patient autonomy, family dynamics, and clinical recommendations in emotionally charged situations. Real-life examples: Insights into how advance care planning impacts patients, families, and clinicians in practice. Dr Zoë Fritz also highlights the challenges of miscommunication, the importance of shared understanding, and potential innovations in documenting patient wishes. If you haven’t listened to part one yet, we recommend starting there before listening to part two. 

Welcome to episode 1 and the launch of our Medical Law Matters podcast. As the first in a two-part series on advance care planning, Partner and Head of UK Medical Law Rob Tobin speaks to Dr Zoe Fritz, Consultant Physician at Addenbrooke’s Hospital and Wellcome Fellow in Society and Ethics, University of Cambridge. Rob and Zoe discuss: What is advance care planning? Patient autonomy and choice Clinician/patient conversations Shared decision making and the importance of involving relatives Treating a patient in their ‘best interests’ Lasting Power of Attorney (LPA) Advance Decision to Refuse Treatment (ADRT)