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Medical Treatment and the Law: Issues of Consent The Protection of the Vulnerable: Children and Adults Lacking Capacity 2nd New edition [Pehme köide]

  • Formaat: Paperback / softback, 436 pages, kõrgus x laius: 246x156 mm
  • Ilmumisaeg: 07-Oct-2014
  • Kirjastus: Jordan Publishing
  • ISBN-10: 1846619955
  • ISBN-13: 9781846619953
Teised raamatud teemal:
  • Formaat: Paperback / softback, 436 pages, kõrgus x laius: 246x156 mm
  • Ilmumisaeg: 07-Oct-2014
  • Kirjastus: Jordan Publishing
  • ISBN-10: 1846619955
  • ISBN-13: 9781846619953
Teised raamatud teemal:
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, namely children and those adults who lack 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 that group of persons who, though vulnerable, are capable of making their own 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. The substance of the book is intended, accordingly, to be of assistance not only to the legal profession and judiciary but also to those working within the field of medicine or other areas concerned with the welfare and protection of the vulnerable, whether adults or children. The text also includes analysis of The Supreme Courts judgment in the cases of Tony Nicklinson, Paul Lamb and AM [ 2014] UKSC 38 which encompasses the issues concerning assisted suicide, mercy killing and voluntary euthanasia. The general principles set out in Part I are elucidated upon in more detail in the remaining Parts II, III and IV of the book.
Foreword v
Preface vii
Table of Cases xxi
Table of Statutes xxix
Table of Statutory Instruments xxxiii
Table of International Material xxxv
Abbreviations xxxvii
Part I General Principles In Relation To Medical Treatment And The Law
Chapter 1 Medical Treatment and Consent
3(12)
1.1 The meaning of 'consent'
3(1)
1.2 The purpose of consent to treatment
3(1)
1.3 Adults with capacity, adults lacking capacity and children
4(8)
Adults with capacity
4(4)
The requirement of consent before medical treatment
4(1)
The autonomy of the individual and the principle of self-determination
4(1)
Breaching the principles of self-determination and the autonomy of the individual
5(3)
Emergency treatment
8(1)
Adults who through lack of capacity are unable to consent to or refuse medical treatment
8(2)
The basis of any right to treat in the absence of consent
8(1)
The previous common law principle of necessity
9(1)
Children
10(14)
The parental right to consent to medical treatment for and on behalf of a child
10(1)
The right of a minor to consent to treatment on his or her own behalf
11(1)
The concurrent powers of parent and child to consent to treatment
11(1)
Medical treatment at variance with parental wishes
12(1)
1.4 Next of kin
12(3)
Chapter 2 The 'Best Interests of the Patient' Test
15(8)
2.1 Adults with capacity
15(1)
2.2 Adults who are unable to consent to or refuse medical treatment
15(1)
2.3 Children
16(1)
2.4 The principle of the sanctity of life
17(1)
2.5 Prolongation of life may not be in the best interests of the patient
17(2)
2.6 End of life care: whether to give life-sustaining treatment and the best interests of the patient
19(2)
2.7 The test of 'best interests' under MCA 2005, s 4
21(2)
Chapter 3 The Doctor and the Courts
23(16)
3.1 The interface between the doctor and the courts
23(1)
3.2 The objectives of medical treatment and care
23(1)
3.3 The duty of the doctor
24(4)
The standard of care by a doctor in relation to medical treatment
25(1)
A doctor cannot be required to treat a patient (whether adult or child) in a particular way and against his or her clinical judgment
26(2)
3.4 Allocation of resources and the choice of medication
28(5)
Appendix to
Chapter 3
33(6)
Medical Innovation Bill
35(4)
Chapter 4 The Mental Capacity Act 2005
39(14)
4.1 The general principles of the Act
39(1)
4.2 The statutory test of incapacity
40(1)
4.3 The test of incapacity
41(1)
4.4 The statutory provisions as to best interests
42(1)
4.5 The test as to best interests
43(2)
4.6 The wishes and feelings of P
45(2)
4.7 Mental Capacity Act 2005, s 5
47(1)
4.8 Deputies
48(1)
4.9 Attorneys
48(5)
Part II The Right To Life The 'Right To Die'
Chapter 5 The Right to Life: Adults: End-of-life Care; Whether to Give Life-sustaining Medical Treatment
53(26)
5.1 The right to life
53(1)
5.2 The Code of Practice
54(1)
5.3 Guidance
55(1)
5.4 Declarations under section 16 of the MCA 2005
55(1)
5.5 Prohibition on motivation by any desire to bring about death
55(1)
5.6 Attorneys and Deputies: life-sustaining treatment
56(1)
5.7 Whether to give life-sustaining treatment in PVS cases
56(9)
The meaning and definition of PVS
56(1)
The case of Airedale NHS Trust v Bland [ 1993] AC 789
57(4)
The significance of the case
57(1)
The facts
58(1)
The relief sought
58(1)
The reasoning for the decision by the House of Lords
58(3)
The sanctity of life: the duty to prolong life
61(1)
Opposition by family to not instigating or continuing with life-sustaining treatment
62(2)
PVS cases where a clinical feature of the condition is absent
64(1)
5.8 Whether to give life-sustaining treatment in cases other than PVS
65(14)
Cardio-Pulmonary Resuscitation (CPR): Do Not Activate CPR (DNACPR)
67(3)
Consulting the patient in relation to DNACPR
70(1)
Best interests test in relation to whether to give life-sustaining treatment
71(4)
Analysis of the case of Aintree v James in relation to best interests
75(4)
Chapter 6 The Right to Life: Children: End-of-life Care; Whether to Give Life-sustaining Treatment
79(18)
6.1 A framework for practice
79(1)
6.2 Parental consent
80(1)
6.3 Due process; emergency applications
81(1)
6.4 A doctor cannot be required to treat a patient against his or her clinical judgment
81(2)
6.5 Irreversible brain damage
83(1)
6.6 Discontinuing ventilation immediately and offering palliative care
84(3)
6.7 Authorising future discontinuance and/or non-re-instigation of artificial ventilation in the event of certain medical occurrences
87(4)
6.8 Advanced Care Plans
91(1)
6.9 Conjoined twins: the doctrine of double effect
92(5)
Chapter 7 The 'Right to Die': Suicide; Assisted Suicide; Voluntary Euthanasia/Mercy Killing
97(26)
7.1 The 'right to die'
97(2)
7.2 Suicide
99(1)
7.3 Assisted suicide
99(16)
7.4 Voluntary euthanasia: mercy killing
115(8)
Appendix to
Chapter 7
123(14)
Assisted Dying Bill
125(12)
Part III Jurisdiction And Procedure In Medical Treatment Cases Concerning Incapacitated Adults And Children
Chapter 8 Jurisdiction: Procedure in Medical Treatment Cases
137(46)
8.1 Jurisdiction: procedure in relation to incapacitated adults
137(6)
Definitions under the COP Rules
137(1)
Declarations
138(1)
Starting proceedings, and urgent/interim applications
139(1)
The legal status of P
140(1)
The Official Solicitor
141(1)
Vulnerable persons falling outside the scope of the MCA 2005
141(1)
Transparency: hearings in private or in public
142(1)
8.2 Jurisdiction: procedure in relation to children
143(8)
The twofold jurisdiction: Children Act 1989; inherent jurisdiction of the High Court
143(3)
Children Act 1989
143(1)
Inherent Jurisdiction of the High Court
144(2)
Practice and procedure under the Family Procedure Rules 2010
146(1)
Expert evidence; medical examination of children
147(1)
The legal status of the child who is the subject of any medical treatment issue/s
147(1)
Children's guardian
148(1)
The representation of parents lacking capacity
149(4)
Transparency: hearings in private
149(2)
8.3 The transfer of proceedings between the Court of Protection and a court having jurisdiction under Children Act 1989
151(2)
Appendices to
Chapter 8
153(30)
Practice Direction E - Applications relating to serious medical treatment (PD9E)
155(4)
Ministry of Justice Court of Protection - healthcare and welfare cases
159(1854)
Practice Note March
2013
The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in Relation to Adults
160(8)
Practice Direction 12D - Inherent Jurisdiction (including Wardship) Proceedings
168(5)
Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
173(2)
Transparency in the Court of Protection Publication of Judgments Practice guidance issued on 16 January 2014 by Sir James Munby, President of the Court of Protection
175(8)
Part IV Other Specific Areas In Relation To Medical Treatment And The Law
Chapter 9 Adult Refusal of Medical Treatment: Non-consensual Treatment
183(26)
9.1 The presumption of capacity to decide
183(3)
Advance decisions, deputies and lasting powers of attorney
185(1)
9.2 Adults lacking the capacity to decide
186(1)
9.3 Adjudging whether or not an adult patient has the capacity to decide
186(3)
Re C and the common law three-stage decision-making test as to capacity to decide
188(1)
The statutory test
189(1)
9.4 Whether to override a refusal of consent to treatment through lack of capacity
189(16)
Non-competence
189(1)
Undue influence
190(1)
Changed circumstances
190(1)
Specific circumstances
191(18)
Induced delivery: Caesarean section operation
191(6)
Fear of needles
197(1)
Blood transfusions
198(1)
Amputation
199(2)
Dialysis treatment
201(1)
Hunger strikes
202(1)
Anorexia and force-feeding
203(2)
9.5 The use of reasonable force as a necessary incidence of treatment
205(4)
Chapter 10 Medical Treatment and MHA 1983; Restriction on Deprivation of Liberty under the MCA 2005; The Interface Between MHA 1983 and MCA 2005
209(42)
10.1 Self-determination and the mentally ill
209(4)
The common law test as to capacity to consent
210(1)
A person suffering from mental disorder is not necessarily incapable of giving or refusing consent to treatment
210(2)
Caesarean section operations and MHA 1983
212(1)
10.2 MHA 1983
213(7)
The meaning of medical treatment
214(1)
Part IV of MHA 1983: 'consent to treatment'
215(5)
A positive decision to impose non-consensual medical treatment pursuant to MHA 1983, s 63
218(1)
A positive decision not to impose treatment under MHA 1983, s 3
218(2)
10.3 Patients lacking the capacity to give or refuse consent to medical treatment
220(2)
Lasting Powers of Attorney
221(1)
The appointment of a deputy
221(1)
10.4 Informality of decision making in relation to adults lacking capacity
222(1)
10.5 Informal admissions to hospital under MHA 1983
222(2)
10.6 Restriction on deprivation of liberty under MCA 2005
224(7)
The distinction between restriction of liberty and deprivation of liberty
225(4)
Challenging a deprivation of liberty authorised by Sch Al to MCA 2005
229(2)
Section 4B of MCA 2005
231(1)
10.7 The interface between MHA 1983 and MCA 2005
231(2)
Appendices to
Chapter 10
233(18)
Deprivation of liberty - guidance for providers of children's homes and residential special schools
235(4)
Department of Health (28 March 2014) Deprivation of Liberty Safeguards (DoLS)
239(4)
Practice Direction AA - Deprivation of Liberty Applications (PD1OAA)
243(8)
Chapter 11 Children: Consent or Refusal of Consent to Medical Treatment
251(30)
11.1 Definition of a child
251(1)
11.2 Parental consent to medical treatment for and on behalf of the immature child
251(3)
The general requirement of consent before treatment
251(1)
Emergencies
252(1)
Parental responsibility
252(1)
Disagreement between parents
253(1)
11.3 Parental refusal of medical treatment for and on behalf of the immature child: overriding such refusal if in the best interests of the child
254(7)
The test for the court
255(1)
The views of the parents and the court's balancing exercise
255(6)
Liver transplant operation
256(1)
Downs syndrome
257(1)
Blood transfusions: Jehovah's Witnesses
258(1)
Bone marrow transplant
258(1)
MMR vaccine
259(2)
Radiotherapy and chemotherapy
261(1)
11.4 A child's rights to consent to medical treatment
261(4)
A child's common law right to consent
261(3)
The facts of the Gillick case
262(1)
The Gillick competency test
262(2)
The right of a Gillick-competent minor to consent to treatment can be overridden by the court
264(1)
A child's statutory right to consent
264(1)
Donation of organs or blood
264(1)
11.5 A child's rights to refuse consent to medical treatment
265(1)
No absolute right of any minor to refuse medical treatment
265(1)
The parental right to consent to treatment on behalf of a child who is refusing treatment
265(1)
11.6 The power of the court to overrule a child's refusal of consent to treatment
266(7)
The wide powers of the court to overrule a child's refusal
266(1)
The child's views
267(1)
Whether or not the child lacks capacity
267(1)
Serious medical treatment cases where child near to the age of majority is refusing treatment for a life-threatening condition
268(1)
The 'best interests of the child' test
269(1)
Power of the court to order the detention of a child for treatment and the use of reasonable force incidental to treatment
269(1)
Abortion and young persons
270(3)
The power of the court to override a child's refusal to submit to medical examination under CA 1989, s 38(6) and to direct the child to be medically examined, assessed and treated
272(1)
11.7 The unborn child
273(2)
Applications by a father to prevent a mother having an abortion
273(1)
Applications toward an unborn child
273(1)
The interests of the unborn child where the mother refuses medical intervention
273(2)
11.8 Medical examinations and interviews of children
275(6)
Medical examinations prior to or in the absence of legal proceedings
275(1)
Medical examinations during the currency of family proceedings
275(2)
Medical examinations and interviews of children in respect of allegations of sexual or other abuse
277(4)
Chapter 12 Advance Decisions or 'Living Wills'
281(26)
12.1 Advance decisions to refuse treatment
281(1)
12.2 The statutory provisions
281(2)
12.3 Advance decisions generally
283(1)
12.4 Advance decisions to refuse life-sustaining treatment
284(1)
12.5 The jurisdiction of the court
285(6)
Appendices to
Chapter 12
291(16)
Advance Decisions Precedents
293(8)
1 Standard advance decision
293(1)
2 Advance decision which the maker defines an intolerable condition
294(1)
3 Advance decision: any supervening illness is not to be actively treated
295(1)
4 Advance statement: maximum treatment
296(1)
5 Advance decision: treatment preferences
297(2)
6 People to be consulted before a treatment decision is made
299(1)
7 Letter registering an advance decision with a client's GP/Consultant
300(1)
Miscellaneous clauses
301(6)
Chapter 13 Medical Treatment other than for Purely Medical Reasons
307(84)
13.1 Sterilisation
307(11)
Prior sanction of the High Court required
307(1)
The special features of a sterilisation operation
307(1)
Children and sterilisation
308(2)
Adults and sterilisation
310(2)
Recent cases on sterilisation
312(5)
Practice and procedure
317(1)
13.2 Human Tissue Act 2004
318(15)
Code of Practice 1: Consent
321(2)
Appropriate consent
322(1)
Valid consent
322(1)
Scope of consent
323(1)
Withdrawal of consent
323(1)
Code of Practice 2: Donation of organs for transplantation
323(7)
Living organ donation
324(1)
Adults - special considerations
325(1)
Children - special considerations
326(1)
Deceased organ donation
326(4)
Bone marrow transplant
330(3)
13.3 The Human Fertilisation and Embryology Act 1990
333(14)
Meaning of 'embryo' and 'gamete'
333(1)
Section 3: prohibitions in connection with embryos
333(1)
Consent to use or storage of gametes, embryos and human admixed embryos etc.
334(2)
Formalities of consent
334(1)
Physical incapacity
334(1)
Purpose of consent
335(1)
The collection and storage of embryos and gametes
335(1)
Withdrawal of consent to the storage/usage of gametes
336(3)
Parenthood in cases involving assisted reproduction
339(1)
Parenthood and the use of sperm, or transfer of embryo, after death of man providing sperm
340(3)
Lesbian co-parenting
343(2)
The role (if any) of the sperm donor in lesbian co-parenting
345(2)
Schedule 7 Part 2 to the Same Sex (Married Couples Act) 2013
347(1)
13.4 Surrogacy: parental orders
347(2)
13.5 Scientific testing: paternity testing
349(4)
Power of court to direct the use of scientific tests
349(2)
Consents required for taking of bodily sample
351(1)
Failure to comply with direction for taking scientific tests
351(2)
Jurisdiction of the court
353(1)
13.6 Abortion
353(1)
New guidance
354(1)
13.7 Tattooing and body piercing; other forms of body modification
354(3)
Tattooing
355(1)
Body piercing
355(1)
Cosmetic body piercing generally
355(1)
Ear and nose piercing
356(1)
Piercing of nipples and genitalia
356(1)
Acupuncture and electrolysis
356(1)
Extreme forms of body modification
357(1)
13.8 Gender Recognition Act 2004
357(2)
The Act
358(1)
13.9 Female Genital Mutilation Act 2003
359(1)
13.10 Male circumcision
359(2)
Appendices to
Chapter 13
361(30)
Guidance in relation to requirements of the Abortion Act 1967 for all those responsible for commissioning, providing and managing service provision
363(10)
President's Guidance No. 1 Evidential requirements for applications under section 1(1)(a) of the Gender Recognition Act 2004
373(3)
Female Genital Mutilation Act 2003
376(3)
The law and ethics of male circumcision: guidance for doctors
379(12)
Index 391