Medical Treatment: Decisions and the Law

Description

This leading textbook places medical decision-making in its legal context and provides practical guidance on the most ethically challenging cases that face the courts. It explains how the Mental Capacity Act works in practice and how the courts and lawyers wrestle with and resolve problems relating to the very essence of life: what is life? what is an acceptable quality of life? what treatment is so burdensome that it should not be attempted? These questions are posed, not in the abstract but, in real – often desperate, often urgent – situations. This is the essential guide for solicitors, barristers and judges specialising in Court of Protection work, clinical negligence, personal injury and human rights. Postgraduate medical ethics students and academics, NHS bodies and local authority professionals, health professionals and administrators in the NHS and private practice and those in Commonwealth countries with an interest in these topics will also find this book an invaluable resource. Medical Treatment: Decisions and the Law offers a readily accessible text for those dealing with the provision of medical treatment to those without capacity and related areas, providing a clear description of procedure as well as practical application of the law. Key developments for the Fourth Edition include: Discussion of “Escalation of Care” covering matters including NICE guidelines and care pathways and expanded coverage of issues concerning the funding of treatment. Introduction Contents Table of Statutes Table of Statutory Instruments Table of Cases Table of European Legislation Table of International Legislation Part 1 General Principles 1 Consent – General A Framework B Information about risks C Vitiating factors D Scope of authority E Duration of authority F Withdrawal of authority G Conclusion 2 Consent & Capacity – Adults A Adult B General rules C Capacity D Consent E Refusal F Change of mind G Advance decisions H Conclusion 3 Deciding for Others – Adults A The court’s jurisdiction B General rules C Decision making for adults under the MCA D The court’s powers under its inherent jurisdiction relating to vulnerable
adults E Conclusion 4 Deciding for Others – Children A Framework B The child’s ability to give valid consent C The child’s ability to refuse D Parents and those with parental responsibility E Best interests F Further considerations G Procedure H Mental Health Act 1983 I Conclusion 5 Restraint and Deprivation of Liberty A Introduction B Restraint C Deprivation of liberty D Authorising a deprivation of liberty E The Mental Capacity (Amendment) Act 2019 F Practical issues G Conclusion 6 Going to Court A Introduction B Should you go to court ? C Identifying the right court for medical treatment cases D Procedural points common to the Court of Protection and the High
Court E The Court of Protection F The High Court’s jurisdiction in relation to minors G The High Court’s inherent jurisdiction – in relation to ‘vulnerable adults’ H Conclusion 7 Access to Healthcare – Choice A Introduction B General principles C The NHS Constitution D NHS primary care E Referral to NHS secondary care F The Human Rights Act 1998 G Discrimination H Conclusion 8 Access to Healthcare – Funding A Introduction B The National Health Service C Statutory duties to provide healthcare in England D Court decisions about access to healthcare E Conclusion Part 2 Specific problems 9 Abortion A Statutory framework B Particular issues of compliance wih the Abortion Act 1967
conditions C The patient’s consent D Conclusion 10 Sterilisation and Contraception A General B The capacitous patient C Adults D Children E Conclusion 11 Assisted Reproduction A Introduction B The components of the regulatory regime C Licensing regime D Consent E Conscientious objection F Birth mother G The welfare clause H Posthumous gamete use I Preimplantation genetic screening J Surrogacy K Conclusion 12 Pregnancy and Childbirth A Introduction B The legal background C The Court of Appeal and Court of Protection guidelines D A suggested procedure for obstetric units E Procedure for patients F Conclusion 13 Feeding A Introduction B Children C Adults D Conclusion 14 Religious Observance and Objections to Treatment A Introduction B Capacitous adults C Incapacitous adults D Children E Procedural issues F Conclusion 15 Withdrawal and Withholding of Treatment A Introduction B Vs: Legal principles C Diagnosis of PVS and MCS D Role of the family E Is an application to court required? F Application to court G Emergency cases H Doctors who disagree in principle I Children J Mediation K Conlusion 16 The Right to Die? A Introduction B The present context C ECHR challenges D Potential legislative change E End of life care F The law as it stands G The future 17 Treating Suicidal Patients A Introduction B Basic definition C Suicide Act 1961 D Refining the definition of suicide: failure to treat or feed? E General principles: autonomy F Patient autonomy versus liability for failing to act G European Convention on Human Rights: duty to preserve life H European Convention on Human Rights: the balance to be
struck I Practical problems J Compulsorily detained patients K Guidance on approach to treatment L Conclusion 18 The End of Life A The definition of ‘death’ B The diagnosis of death C After death D Application of ‘work and skill’ exception E Right of possession and disposal F The use and storage of human bodies and tissues G Conclusion 19 Human Organ and Tissue Donation A Introduction B The common law C The Human Tissue Act 2004 D Conclusion Appendix 1 Mental Capacity Act 2005 Appendix 2 Consent form 1 (sample) Appendix 3 Overview of current deprivation of liberty safeguards Appendix 4 Applications Relating to Medical Treatment: Guidance authorised by the Honourable Mr Justice Hayden, the Vice President of the Court of Protection Appendix 5 Practice Note: The Official Solicitor to the Senior Courts: Appointment as Litigation Friend in Personal Welfare Proceedings in the Court of Protection (including Serious Medical Treatment Cases) and Appointment as Advocate to the Court Appendix 6 Court of Protection Guidance: FG Index