Full Description
Medical Treatment Decisions and the Law covers an increasingly important area of law, seeking to place medical decision-making in its context and to provide practical guidance to the solution of many problems likely to be encountered in practice.It concentrates on the decisions involved in obtaining authority for the provision, the withholding and withdrawal of physical medical treatment and care and the legal requirements and consequences of the decision-making process.The third edition is fully updated to include:Cases on deprivation and restraint of liberty since the second edition;The March 2014 Supreme Court case of Cheshire West and P&Q, Article 5 ECHR;The Supreme Court case in Aintree v James;PC v City of York in which MacFarlane LJ emphasised the "decision specific" approach of the Mental Capacity Act;Important cases on the assessment and treatment of anorexic patients;The position where treatment has been refused by the patient (including force feeding and gynaecological treatment).
Contents
Part 1 General principles1 Consent - General2 Consent - Adults3 Deciding for Others - Adults4 Deciding for Others - Children5 Going to Court6 Restraint and Deprivation of LibertyPart 2 Specific problems7 Sterilisation8 Abortion9 Assisted Reproduction10 Managing Pregnancies11 Feeding12 Religious Objections to Treatment13 Permanent Vegetative and Minimally Conscious States14 Treating Suicidal Patients15 The End of Life16 Human Organ and Tissue Donation17 Access to HealthcareAppendix 1.1 Mental Capacity Act 2005 Appendix 1.2 Consent form 1 (sample) Appendix 1.3 DOH: Information to assist in amending consent forms Appendix 1.4 GMC: 'Consent: patients and doctors making decisions together' (2008) Appendix 1.5 GMC: 'Good Medical Practice' (2013) Appendix 2.1 Advance decision to refuse treatment (ADRT) Appendix 4.1 Balance Sheet in An NHS Trust v MB [2006] EWHC 507(Fam) Appendix 5.1 Court of Protection Practice Direction 9E: How to start proceedings Appendix 5.2 Court of Protection Practice Direction 10B: Applications within proceedings Appendix 5.3 Practice Direction 12A: Dealing with applications Appendix 5.4 Practice Direction 13A - Hearings (Including Reporting Restrictions) Appendix 5.5 President's guidance: Transparency in the Family Court and Publication of Judgments (16 January 2014) Appendix 5.6 President's guidance: Transparency in the Court of Protection and Publication of Judgments (16 January 2014) Appendix 5.7 Practice note: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in relation to Adults (March 2013) Appendix 5.8 FPR Practice Direction 12D - Inherent Jurisdiction (Including Wardship) Proceedings Appendix 5.9 FPR Practice Direction 12I - Applications for Reporting Restrictions Orders Appendix 5.10 FPR Practice Direction 16A: Representation of Children Appendix 5.11 Sample wording to ensure a medical treatment case is heard before the appropriate judge Appendix 5.12 Suggested directions to include in a draft Order to secure the appointment of the Official Solicitor Appendix 5.13 Sample draft order for first directions hearing in a medical treatment case in the Court of Protection Appendix 5.14 Sample Reporting Restrictions Order Appendix 5.15 Sample final order in a medical treatment case in the Court of Protection Appendix 5.16 Sample draft order for first directions hearing in an urgent medical treatment case concerning a minor in the High Court Appendix 5.17 Sample draft order for first directions hearing in a non-urgent medical treatment case concerning a minor in the High Court Appendix 5.18 Sample final order for first directions hearing in a medical treatment case concerning a minor in the High Court Appendix 6.1 Order permitting use of restraint and authorising a deprivation of liberty Appendix 6.2 Interim Order providing for Court of Protection reviews of deprivation of liberty where there is no MCA Sch A1 authorisation Appendix 6.3 Overview of deprivation of liberty safeguards Appendix 8.1 Abortion Act 1967 Appendix 8.2 Abortion Regulations 1991 Appendix 8.3 Form of Certification under the Abortion Regulations 1991 Appendix 8.4 Form of Certification under the Abortion Regulations 1991: Emergency Case Appendix 8.5 Abortion Regulations 1991 Schedule 2 Appendix 10.1 Court of Appeal Guidelines: Re MB Guidelines and St George's Healthcare v S Guidelines Appendix 10.2 Court of Protection Guidance: FG Appendix 10.3 Draft Order Permitting Caesarean Section (Urgent Case) Appendix 12.1 Draft Form for Refusal of Treatment to be Signed by the Patient Appendix 12.2 Draft Record of Refusal of Treatment to be Signed by Doctor Appendix 12.3 Draft Specific Issue Order for Administration of Blood Products to Child Appendix 14.1 Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide
