Nice people thread part 4 - sugar and spice and all things

sss555s

neverdespairgirl wrote: »

In law, people don't die at the same time. There is one of those handy rebuttable legal presumptions.

The younger person is assumed to have died second.

So if a plane crashes, killing all on board, and Mr and Mrs Smith are among the dead, the older is assumed in law to have died first.

Thanks NDG. I never knew that. :beer:

zagubov

neverdespairgirl wrote: »

In law, people don't die at the same time. There is one of those handy rebuttable legal presumptions.

The younger person is assumed to have died second.

So if a plane crashes, killing all on board, and Mr and Mrs Smith are among the dead, the older is assumed in law to have died first.

Is that the same in Scotland? It must have been an important factor in the legal aspects of the Lockerbie incident.

I tried to ask about it online at a law website but there's a £20 charge!:eek::eek:

Generali

silvercar wrote: »

Any nice people know how to get a (medical) second opinion of someone's notes, without alerting them that you think that more treatment options could be available elsewhere?

Got a centre of excellence that is happy to see people for second opinions and can in some cases offer treatment not available elsewhere (due to more advanced equipment etc), but need to get the notes reviewed to see if this is possible without causing panic that current treatment won't offer a long term solution.

I'm not an expert but I'd be very surprised if you'd be allowed to do that unless the person being treated is incapacitated by the illness or treatment to the extent that they are unable to make decisions for themselves.

Imagine this the other way round. How would you feel if someone was able to get your medical notes without your knowledge or consent and send them to a third party for discussion? What about if it came out as a result that you caught an STD aged 15 or had drug or alcohol problems or any other number of 'unacceptable' problems?

It's very hard when you have someone's best interests at heart. I've been in a similar position more than once with people that are very close to me but unfortunately sometimes you have to let people make their own mistakes, regardless of how serious the consequences may be.

sss555s

zagubov wrote: »

Is that the same in Scotland? It must have been an important factor in the legal aspects of the Lockerbie incident.

I tried to ask about it online at a law website but there's a £20 charge!:eek::eek:

Shhhhhhhhhh!!!! NDG may start charging

tomterm8

Generali wrote: »

I'm not an expert but I'd be very surprised if you'd be allowed to do that unless the person being treated is incapacitated by the illness or treatment to the extent that they are unable to make decisions for themselves.
.

Maybe I misread it, but I thought that silvercar meant something different. I.e. she wanted to find out how her friend could get copies of her own notes without alerting the doctor that they were looking elsewhere for treatment?

I don't really think it is possible. You can get copies of your notes simply by using a Subject Access Request, although it costs more than the standard amount. But the doctor would know about it... although, he wouldn't care.

If the case is as you suggest, the doctor would not even review the notes. It would be unethical, without an lasting power of attorney (and them, only if the person were incapacitated) or a court order.

Generali

tomterm8 wrote: »

Maybe I misread it, but I thought that silvercar meant something different. I.e. she wanted to find out how her friend could get copies of her own notes without alerting the doctor that they were looking elsewhere for treatment?

My guess is either:

1. You misread
2. I misread
3. We both misread

My guess is 2. I couldn't sleep last night and dropped off at about 3am. I awoke, 'refreshed', at 6.30am.

LydiaJ

My understanding of Silvercar's second post on the subject is that what she wants is to get the doctor to get a second opinion from another doctor without telling the patient.

tomterm8

Generali wrote: »

My guess is 2. I couldn't sleep last night and dropped off at about 3am. I awoke, 'refreshed', at 6.30am.

You're lucky... I had an even worse sleep than you

tomterm8

LydiaJ wrote: »

My understanding of Silvercar's second post on the subject is that what she wants is to get the doctor to get a second opinion from another doctor without telling the patient.

In which case, it won't happen.

Generali

tomterm8 wrote: »

You're lucky... I had an even worse sleep than you

In which case 1 is still in the betting. Also, in the interests of complete disclosure, I didn't get out of bed on Sunday until 3pm. Even then it was a struggle but I'd promised the Generalissimos a 'bush walk' down to the local salt marshes.