{"title":"5. Incapacity I: Adults","authors":"E. Jackson","doi":"10.1093/HE/9780198825845.003.0005","DOIUrl":null,"url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines cases when a patient is unable to give consent to medical treatment, and considers: the consent requirement under criminal law and civil law; the form that consent should take; and the principle of autonomy. It discusses how the law treats patients who lack capacity or whose capacity is in doubt. It offers detailed analysis of the Mental Capacity Act 2005 and recent Court of Protection decisions. It also covers cases involving the withdrawal of life-prolonging treatment from patients who lack capacity.","PeriodicalId":39602,"journal":{"name":"Medical Law International","volume":"35 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law International","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/HE/9780198825845.003.0005","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines cases when a patient is unable to give consent to medical treatment, and considers: the consent requirement under criminal law and civil law; the form that consent should take; and the principle of autonomy. It discusses how the law treats patients who lack capacity or whose capacity is in doubt. It offers detailed analysis of the Mental Capacity Act 2005 and recent Court of Protection decisions. It also covers cases involving the withdrawal of life-prolonging treatment from patients who lack capacity.
期刊介绍：
The scope includes: Clinical Negligence. Health Matters Affecting Civil Liberties. Forensic Medicine. Determination of Death. Organ and Tissue Transplantation. End of Life Decisions. Legal and Ethical Issues in Medical Treatment. Confidentiality. Access to Medical Records. Medical Complaints Procedures. Professional Discipline. Employment Law and Legal Issues within NHS. Resource Allocation in Health Care. Mental Health Law. Misuse of Drugs. Legal and Ethical Issues concerning Human Reproduction. Therapeutic Products. Medical Research. Cloning. Gene Therapy. Genetic Testing and Screening. And Related Topics.
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