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Medical Treatment and the Law

Medical Treatment and the Law The Protection of the Vulnerable: Children and Adults Lacking Capacity

Author: Richard Harper
Publisher: LexisNexis U.K.
ISBN: 9781846619953
Published In: October 2014
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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It provides practical guidance and assistance as to the approach taken by the courts on all of the varying material issues raised in relation to medical treatment and the law, the thread of which throughout is the question of ‘consent’.

Care needs to be taken not to infringe the rights of the group of persons who, though vulnerable, are capable of making their own medical treatment decisions. Many who suffer from mental illness are well able to make decisions about their medical treatment, and it is important not to make unjustified assumptions to the contrary.

Even where a person lacks capacity, any interference with their rights and freedom of action must be the least restrictive possible.

The protection too of children who are not legally competent is essential in the above regard.

The text includes analysis of the Supreme Court judgment in Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67, the first case to come before that court in relation to the Mental Capacity Act 2005. The approach of the courts to the issue of whether or not life-sustaining medical treatment should be given is fully addressed within the book.

The text also includes analysis of the Supreme Court judgment in the cases of Tony Nicklinson, Paul Lamb and AM [2014] UKSC 38 which encompass the issues concerning assisted suicide, mercy killing and voluntary euthanasia.

The general principles set out in Part 1 are elucidated upon in more detail in the remaining parts II, III and IV of the book.

The substance of the book is intended to be of assistance not only to the legal profession and judiciary but also for those working within the field of medicine or other areas concerned with the welfare and protection of vulnerable, whether adults or children.

Part I: General Principles in Relation to Medical Treatment and the Law

Medical treatment and consent
The ‘best interests of the patient’ test
The doctor and the courts
The Mental Capacity Act 2005

Part II: The Right to Life; The ‘Right to Die’

Adults: End of life care; whether to give life sustaining medical treatment
Children: End of life care; whether to give life sustaining treatment
The ‘Right to die’

Part III: Jurisdiction and Procedure

Jurisdiction: Procedure in medical treatment cases concerning incapacitated adults and children

Part IV: Other Specific Areas in Relation to Medical Treatment and the Law

Adult refusal of medical treatment: Non-consensual treatment
Medical treatment and the Mental Health Act 1983; restriction on deprivation of liberty under the Mental Capacity Act 2005; the interface between the MHA 1983 and the MCA 2005
Children: Consent or refusal of consent to medical treatment
Advance statements or ‘living wills’
Medical treatment other than for purely medical reasons, including the law relating to sterilisation, organ donation, fertilisation and embryology, surrogacy, abortion, scientific testing, gender recognition and female genital mutilation