oct ewj 24 online - Flipbook - Page 12
Comment
The Trust’s application to exclude SR’s evidence
altogether was perhaps slightly surprising, and Senior
Judge Hilder was undoubtedly right to recognise the
procedural unfairness of denying SR’s expertise in her
sister, even if that expertise could not and did not
amount to expertise in the medical matters at the
heart of the case. We frequently talking about doctors
being the expert in the medicine, and family members (and others) being experts in the person – but
this is expert in seeking to assist in seeking to understand the person’s wishes, feelings, beliefs and values.
From the judgment, it appears clear that SR was so
dominated by concerns about medical matters that she
was not, unfortunately, able to assist the court with the
expertise that it was really looking to her for, namely
as to HER’s wishes, feelings, beliefs and values
regarding treatment.
Dr Ana Phelps
Consultant Geriatrician
MD, MSc, PhD, FRCP, RCPathME
Dr. Ana Phelps is a Consultant Geriatrician at The Buckinghamshire Healthcare
NHS Foundation Trust. Her interests are general and acute Geriatrics,
Orthogeriatrics, Peri-operative Medicine, Aging, Geriatric Care, Medical
Gerontology, Dementia, Elderly, and Gerontological.
Dr Phelps has specialist interest in Orthogeriatrics and Peri-operative Medicine.
She is also particularly interested in Frailty in the acute and interface settings.
Throughout her career she has been heavily involved with research, teaching and
medical education and more recently with Leadership, Management and Service
Development.
Author: Alex Ruck Keene
Alex is a barrister, writer and educator, and creator of
the website www.mclap.org.uk
www.mentalcapacitylawandpolicy.org.uk
Dr. Ana Phelps is a certified Medical Examiner, Consultant representative to the
Clinical Ethics Committee at Buckinghamshire Healthcare NHS Trust and is deeply
involved in Clinical Governance to ensure delivery of best care for my patients.
Want to contribute?
Contact: Dr Ana Phelps
Mobile: 07970 627 996
Email: ana.phelps@nhs.net - Alternate Email: aphelps@doctors.org.uk
Address: 2 Fairlawn End, Oxford, OX2 8AR
Area of work: Oxfordshire and surrounding areas
Please send your paper or article
to, admin@expertwitness.co.uk
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