The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
A claimant under a disability is someone who is either:
under 18 years of age, or
of unsound mind as defined by the Mental Capacity Act 2005
A person will be of unsound mind if they are unable to make a decision for themselves in relation to the matter in question because of an impairment of, or a disturbance in, the functioning of their brain.
A person will be unable to make a decision if they are unable to:
understand the information relevant to the decision
retain the information
use or weigh it up as part of the decision-making process
communicate their decision
If you have a client whom you suspect may be of unsound mind, you should discuss the matter wit
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