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详细
This leading textbook is aimed at lawyers, judges, health care practitioners and local authority professionals who have to deal with the most ethically challenging cases which face the courts: medical treatment decisions. It offers a practical, readily accessible text for those dealing with providing medical treatment to those without capacity in real life.
The book provides not only a clear description of the legal principles applied by Court of Protection judges and the arguments deployed by the authors in the many Court of Protection cases in which they appear, but also a large number of precedents and appendices which will ease the preparation for court hearings (which are often heard as an emergency).
Key developments include:
- New Fertility Issues chapter –including contraception, sterilisation, and abortion
- Chapter 13 changed from PVS/MCS to “Withdrawal of treatment” – the case law has widened on this
- Discussion of “Escalation of Care” - the clinical question of whether treatment should be made available – covering matters including NICE guidelines and care pathways. Issues around availability of treatment on clinical grounds are increasing in case law
- Expansion of Chapter 17 to cover the funding of treatment.
- New chapter on mental health/compulsory treatment other than MHA 1983: there are a range of areas where people can be compelled to have treatment on public health grounds – such as the Coronavirus Act, but also quarantine laws, applications in the magistrates to compel treatment for infectious diseases such as TB, and vaccinations.
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Part 1: General Principles
1. Consent – general
2. Consent - adults
3. Deciding for others - adults
4. Deciding for others - children
5. Going to court
6. Restraint and deprivation of liberty
Part 2: Specific Problems
7. Sterilisation
8. Abortion
9. Assisted reproduction
10. Managing pregnancies
11. Feeding
12. Religious objections to treatment
13. Permanent vegetative state and minimally conscious states
14. Treatment of suicidal patients
15. The end of life
16. Human organ and tissue donation
17. Access to Healthcare
18. Mental health and compulsory treatment
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3 Serjeants' Inn, Edited by Christopher Johnston
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“'It can rightly claim to be the authoritative practitioner text for medical treatment cases…drawing on the very substantial wealth of experience of the authorial team.'” – Alex Ruck-Keene, Court of Protection barrister
“'A wonderfully user-friendly, quick reference guide…This is a book for practitioners written by practitioners. It is as close to granting the reader a free direct advice-line to counsel as the joint heads of Serjeants' Inn are ever likely to permit.'” – David Locke in the NLJ
