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Medical Treatment and the Law: Issues of Consent - The Protection of the Vulnerable: Children and Adults Lacking Capacity 2nd edition

This book is intended as an introduction to the complex and rapidly developing area of medical treatment and the law in relation to the vulnerable...
Publisher: Family Law
In Stock
ISBN/ISSN: 9781846619953
Publisher: Family Law

Product description

Why should you buy Medical Treatment and the Law: Issues of Consent - 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.

"the book goes very far beyond simple consideration of issues of consent (although the first chapter on medical treatment and consent is worth the price of the book alone, as it provides an extremely clear outline of this often overly-complicated issue) ... each of the sections provides a clear and above all practical guide to the key principles and to the case-law" Alexander Ruck Keene, Barrister and Honorary Research Lecturer at the University of Manchester

"the guidance provided by this book is both authoritative and detailed, which makes it especially valuable following the implementation in 2007 of the Mental Capacity Act 2005 and other relevant legislation.  Logically structured for ease of use, it has an extensive table of contents and index, as well as tables of cases, statutes, statutory instruments and international material ... practitioners who recognize that this is an increasingly important area of law will welcome this new second edition of what has become a highly regarded work of reference.  Whether experienced or inexperienced, family lawyers will no doubt consider it an essential purchase for the well-stocked professional library" Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers


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Table of contents

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
  • 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