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Critical care and the law: Pertinent cases from 2025

AI Summary
  • 2025 rulings, including Human Rights cases, reshape legal obligations and standards applicable to intensive care practice.
  • Clinical negligence judgments and Prevention of Future Deaths reports expose system failures and prompt changes in ICU safety, documentation and protocols.
  • Court of Protection decisions clarify best interests, capacity assessment and lawful treatment limits for incapacitated intensive care patients.
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J Intensive Care Soc. 2026 Oct 8:17511437261494786. doi: 10.1177/17511437261494786. Online ahead of print.

ABSTRACT

This review by the Legal and Ethical Advisory Group (LEAG) follows the 2024 summary, reviewing the important legal cases and Prevention of Future Deaths reports (PFDs) ruled or issued in 2025 that are pertinent to Intensive Care Medicine. The legal cases include Human Rights cases, Clinical Negligence cases, and rulings of the Court of Protection. Not all of the cases relate to events which have occurred in Intensive Care, however the rulings will have a bearing on Intensive Care practice.

PMID:42856746 | PMC:PMC13650071 | DOI:10.1177/17511437261494786

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