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Failure to consult on DNACPR notice not MCA compliant

Practical Law UK Legal Update Case Report 1-621-1454 (Approx. 6 pages)

Failure to consult on DNACPR notice not MCA compliant

The High Court held that a hospital doctor's decision to place a Do Not Attempt Cardio-Pulmonary Resuscitation (DNACPR) notice on the medical records of an adult patient lacking mental capacity (P) without first consulting P's primary carer, failed to comply with the Mental Capacity Act 2005 requirements for best interests decision-making and so amounted to an unjustified interference with P's right to respect for private life under article 8 of the European Convention on Human Rights. (Winspear v City Hospitals Sunderland NHS Foundation Trust [2015] EWHC 3250 (QB).)

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End of Document
Resource ID 1-621-1454
© 2024 Thomson Reuters. All rights reserved.
Published on 17-Dec-2015
Resource Type Legal update: case report
Jurisdictions
  • England
  • Wales
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