Medical Law Matters

8: Can medical treatment ever be futile?

In this episode, Rob Tobin, partner and head of medical law at Kennedys, is joined by Professor Hugh Montgomery OBE, a professor of medicine and director of the Centre for Human Health and Performance at University College London, to discuss the concept of futility in medical treatment, looking at best interests, patient rights and autonomy, moral harm, resource allocation and more. This podcast features sensitive content around medical conditions and treatment discussions which some listeners may find distressing. Visit My Final Frame at www.myfinalframe.com [http://www.myfinalframe.com]

7: Urgent serious medical treatment decisions: a legal walk through

In this episode, Rob Tobin is joined by colleagues, partner Dan Freeman and legal director Indi Kaur, to discuss how proceedings for an urgent Serious Medical Treatment case typically unfold, using a case study to illustrate key stages of the process.

6: Media scrutiny in high profile medical treatment cases

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.

5: Mind, autonomy and capacity

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

4: The assisted dying bill

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.