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

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.