• Welcome to Phoenix Rising!

    Created in 2008, Phoenix Rising is the largest and oldest forum dedicated to furthering the understanding of, and finding treatments for, complex chronic illnesses such as chronic fatigue syndrome (ME/CFS), fibromyalgia, long COVID, postural orthostatic tachycardia syndrome (POTS), mast cell activation syndrome (MCAS), and allied diseases.

    To become a member, simply click the Register button at the top right.

Please help save Carla's life by joining in a Twitter storm 11am -1pm UK time on Thursday 18th April 2024

E

Eastman

Senior Member
Messages
528
Countrygirl said:
Yes, it is! It can happen to any of us as they can simply declare us to be without capacity for not agreeing to their harmful treatment. We then have no right to resist whatever they want to do to us. There is no authority to stop them as the General Medical Council takes no responsibility.
Click to expand...
Actually, false imprisonment is an offense, as implied by the "false" in the term.

To quote the relevant excerpts from the article I linked to earlier:

Mrs Christiana Esegbona (CE) ... was admitted to King’s College Hospital on the 19 October 2010 with pulmonary oedema caused by acute left sided heart failure...

[P]sychiatric assessment on the 6 June concluded that CE did not have capacity to make decisions about residency or her medical treatment. At no point was a deprivation of liberty authorisation put in place. She was discharged to a nursing home on the 14 June 2011 where nine days later, she was found unresponsive with her tracheostomy tube removed...

False imprisonment​

The Trust was found not to have complied with its duties pursuant to the Mental Capacity Act 2005. The Defendant admitted that CE was falsely imprisoned due to their failings. The judge found that CE and her family expressed their wishes for her to go home from 11 February 2011. From this date, there was no proper consideration of her capacity and her needs. A best interests meeting did not take place and she was not referred to the Court of Protection. The Trust’s argument that it was not the ‘decision maker’ was not accepted. The Trust had a clear direction from the psychiatrist. It was found that the Trust was deliberately excluding the family from the decision to discharge her to the Wilsmere House nursing home and from May 2011 onwards, there was an ‘appalling’ disregard for CE and her family’s rights, wishes and feelings.

Damages​

For general damages the judge assessed that she would have been ‘very frightened, distressed and alone’ and that she would have died ‘very quickly’. £3,500 was awarded for general damages. It was held that CE was unlawfully imprisoned from the 15 February until the 14 June (119 days) and awarded £130 per day making a total of £15,470.00. The judge found that the family was deliberately excluded from decision making, which led to an award of aggravated damages of £5,000 being made.
Click to expand...
 
Countrygirl

Countrygirl

Senior Member
Messages
5,500
Location
UK
https://x.com/TheChronicColab/status/1791565124450623842


OK so we have a critical update on #SaveCarlasLife #ExposeMENow. We are watching the NHS kill a very severe ME patient in real time and we have literally been trying every possible route out of this


Transcript of the above video

Hi everyone, so we've been quite quiet about what's been going on with Carla. It's because there has been stuff going on behind the scenes that we've been trying to facilitate. However, during the process of this facilitation, Carla's situation has deteriorated rapidly, and I mean rapidly. In short, the hospital have increased her feed, which has caused her extreme pain to the point where she can no longer tolerate feeding. We've literally just found out now this evening, and we didn't realise, even though we'd spoken to her family repeatedly over the past few days, she has not only not had any of her feed since yesterday, that is Thursday morning, so 36 hours, she's not had any IV fluids for around 36 hours either. So she's not had anything for 36 hours, and we were just on the phone now while her family were on the phone to the hospital, and they're still fucking around with, oh well we need to find someone to put a cannula in 36 hours later. It's so that anyone who knows anything about basic medicine, 36 hours without food or fluid is critical, and they still have not acted upon it. Carla's father Pierre has recorded a video message that he wants everyone to see and hear, and we will be putting that out in due course once it comes across. However, we are now considering what action to take very quickly regarding the hospital and Carla's situation, because as we've said it before, and we warned before, we are watching a person with very severe ME potentially die in real time here, and we have to act quickly to sort this out, so there'll be more updates coming #SaveCarlasLife #ExposeMENow
 
You must log in or register to reply here.