Medical Law

A Practical Guide to the Law of Medical Treatment Decisions

By Ben Troke
Law Brief Publishing September 2020

Specifications

ISBN-13
9781912687893
Publisher
Law Brief Publishing
Publication
September 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Decisions about medical treatment can be about life and death, such as withdrawal of treatment or (not) providing CPR. Or about quality of life, liberty and independence, which can be just as important. But the legal (and ethical) framework around these decisions is often misunderstood, leading to distress and disputes at the very worst of times. We have seen this in a few very high-profile cases, but there will have been untold others in private.

Should a patient always get what they want, or does “doctor know best”? When a patient cannot make a decision for themselves, who gets to decide, and how should these decisions be made? What is the role of so-called “next of kin” (and did you know that there’s actually no such thing)? Can parents insist on treatment for a baby when doctors think it futile? How are disputes in this context resolved and, better yet, how are they avoided? And how can we act now to control what happens to us in future, when we may not be able to decide for ourselves?

For our most life-changing decisions, this is a practical guide to the law and how it really works, written to be accessible not only for lawyers, but also for clinicians, patients and anyone concerned about them.

All author’s proceeds are donated to the Alzheimer’s Society – www.alzheimers.org.uk

Table of Contents

Chapter 1 – Context
Chapter 2 – Choices Available
Chapter 3 – Consent – Adults Making Choices
Chapter 4 – Capacity Part A – Able to Make This Decision
Chapter 5 – Capacity Part B – Best interests and Who Decides
Chapter 5.5 – Capacity Part C – Capacity in the Time of Coronavirus
Chapter 6 – Children and Parents
Chapter 7 – Conflict Resolution and Court
Chapter 8 – Conclusions – and Taking Control
Appendix 1 – Priorities in a Pandemic
Appendix 2 – Resources
Legal Glossary
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