Medical Law Consent
- Created by: CourtneyAnn
- Created on: 26-01-16 18:16
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- Consent
- Capacity
- Mental Capacity Act 2005
- s1(2) - everybody is assumed to be competent unless proved otherwise
- Airedale - capable patient's decision must be upheld even if it seems contrary to BIs on an objective view
- s1(5) - best interests where not competent
- s1(6) - less restrictive
- DH v NHS - proportionate and reasonable to give lady a sedative to get her to hospital
- A local Authority v K - sterilisation disproportionate
- DH v NHS - proportionate and reasonable to give lady a sedative to get her to hospital
- s4 - Treat in best interests
- BIs: -views of the patient, past and present - views of relevant others - how long lacking capacity for - best interests medically
- s24-26 MCA - Best Interests do not prevail where there has been an advanced decision
- -must be 18 and have capacity at time - refusals only and must be very specififc - has to be signed and witnessed in writing - withdraw at any point if you have caoacity - not binding if they act inconsistently with it
- HE v Hospital NHS Trust - AD to refuse blood transfusion by JW was ignored as she was about to marry into Muslim faith
- -must be 18 and have capacity at time - refusals only and must be very specififc - has to be signed and witnessed in writing - withdraw at any point if you have caoacity - not binding if they act inconsistently with it
- s24-26 MCA - Best Interests do not prevail where there has been an advanced decision
- Local Authority v E - sanctity of life prevailed over woman's wishes - prevalent except in exceptional circumstances
- Local Authority v L - low weight, force feeding certain to kill her, own views more important that sanctity of life
- Re Y - Best interests is wider than medical interests. mentally disabled woman and bone marrow situation
- Ahsan - respect for personal dignity and religious beliefs
- Re Y - Best interests is wider than medical interests. mentally disabled woman and bone marrow situation
- Local Authority v L - low weight, force feeding certain to kill her, own views more important that sanctity of life
- BIs: -views of the patient, past and present - views of relevant others - how long lacking capacity for - best interests medically
- s1(4) - a person is not treated as unable to make a decision just because it is unwise
- Re T - right choice isn't limited to sensible decisions - can be irrational or unknown
- s1(2) - everybody is assumed to be competent unless proved otherwise
- Mental Capacity Act 2005
- Capacity
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