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P I T Y II |
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National Litigation NATIONWIDE
ORGAN GROUP LITIGATION We are satisfied with the outcome of the trial, which we have won overall. It has been a long hard road for all our clients and we hope that this judgement will finally bring the closure to these events that you seek. We have set out below the result in summary form as the Judgement itself is around 150 pages long and extremely complex. The result, in summary, is: 1) HOSPITAL POST MORTEM (HPM) CLAIMS WIN as the Judge decided that: " Before a post mortem is conducted, doctors must give families an explanation of the purpose of the post-mortem and what it involves, including alerting them to the fact that organs might be retained. " It was wrong of the doctors to adopt a blanket practice of not providing such an explanation However, it must have been foreseeable to a reasonable clinician at the time of taking the consent to post mortem that the families would be likely at a future date to suffer psychiatric injury as a result of learning that organs were retained. 2) CORONER'S POST MORTEM (CPM) CLAIMS LOSE because: " In cases where organs were not used for medical research, the retention of organs was not unlawful because consent from parents to a coroner's post mortem is not required under current law; and " Although in cases where organs were used for medical research the retention of organs was unlawful, in law no compensation is available legally for this. THE FUTURE: Everyone (whether CPM or HPM) who is legally aided and making contribution payments towards that legal aid, please continue to make those payments until further notice. As soon as urgent matters arising out of the judgement have been dealt with, we will provide further guidance as to the cost implications. Reproduced with permission from Clarke Willmott Solicitors
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II (Parents who have Interred Their Young Twice) is the parents' support
group set up in the wake of the organ retention scandal
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