Helen Goatley, head of personal injury and clinical negligence, Barlow Robbins

Trouble at the end of the line

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  • The Neuberger Review neatly skirted around the fact there were actually TWO versions of the Liverpool Care Pathway -version 11 and version 12.
    The former was in use across the UK from 2003-Dec.2009, and therefore straddled the time at which the Mental Capacity Act Code of Conduct came into force(Oct. 2007).
    The MCA made 'informed consent' and a 'test of capacity' mandatory.
    Whilst 'Consent' is 'Goal 1 ' in the LCP v.12,
    LCP v.11 had no consent process attached at all..in fact, it did not even inquire whether the patient or their family could 'speak English' until 'Goal 4', and even then, did not tell staff what to do if they could not. Goal 4 came AFTER all treatments, food and fluids had been withdrawn, and a Graseby syringe full of the euthanasic combination of Diamorphine & Midazolam had been started.

    It follows therefore, that between Oct.2007 - Dec.2009, the entire NHS was using a 'care pathway/treatment regime' that was incompatible with criminal law, and mandated using prn doses of drugs that kill (there is no doubt about their lethality - midazolam (aka Versed) and morphine were the two drugs used by Dr Anna Pou in the Hurricane Katrina case, and no less than 5 Forensic Toxicology Professors testified to that).

    Given that a) patients were never going to wake up after being made 'comfy' , and b) relatives were ignored, threatened with eviction from hospital premises in many cases, and therefore forced to witness their relatives being killed by 'Agents of the State', isn't the State obliged to do a little more than hold an 'impartial review' into this? Most of the relatives are elderly themselves.....Mr. Lamb and Mr.Hunt refused a Public Inquiry before the review was ordered, presumably to avoid giving evidence on oath. This has been exported with a Dept.of Health logo to 22 other EU countries. They are still using v.11. The Review did not even mention the fact there were two versions.....are there any other legal avenues open to the relatives so long after events? - for example, could a class action be taken to Strasbourg? Could Health & Safety legislation be used by them for deaths prior to April 2008 when the Corporate Manslaughter Act came into force? This review was genuinely the most disgraceful attempt at a cover up we've seen in a long while in the UK..https://www.facebook.com/jemima.khant?ref=tn_tnmn

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