This Bloomsbury Professional book covers an increasingly important area of law, seeking to place medical decision-making in its context and to provide practical guidance to the solution of many problems likely to be encountered in practice. The book concentrates on the decisions involved in obtaining authority for the provision, withholding and withdrawal of physical medical treatment and care and the legal requirements and consequences of the decision-making process. With a unique collection of materials not easily obtained elsewhere, this important reference work examines both the general principles and specific problems such as caesarean sections, anorexia and persistent vegetative state. This edition includes: comprehensive coverage of the Mental Capacity Act 2005; coverage of important case law, such as Baby Wyatt, R (Purdy) v Director of Public Prosecutions, W Healthcare NHS Trust v KH (tube feeding) and the Baby RB case; detailed consideration of the impact of European human rights’ jurisprudence on ethical treatment decisions and the latest ethical guidance from professional bodies. Four chapters new to this edition cover court processes in the Court of Protection and Family Division; deprivation of liberty & restraint; end of life; and human organ and tissue donation.
"comprehensive and userfriendly...a most useful manual for the legal practitioner" The AvMA Medical & Legal Journal, 2010
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Part 1 General principles
Part 2 Specific Problems
Appendix 5.3 List of Court of Protection Practice Directions
Appendix 5.4 Court of Protection Practice Direction 9E - How to start proceedings
Appendix 5.5 Court of Protection Practice Direction 10B - Applications within proceedings
Appendix 5.12 President's Practice Direction (Applications for Reporting Restriction Orders)
Appendix 5.14 Practice Note (Official Solicitor: Appointment in Family Proceedings)
Appendix 7.1 Previous Consent Form (Sterilisation or Vasectomy) (DoH)
Appendix 7.2 Extracts from Previous Practice Note (Official Solicitor: Sterilisation)
Appendix 7.3 Draft Order for Declaration that Sterilisation of Adult is Lawful
Appendix 7.4 Draft Order Under Inherent Jurisdiction for Sterilisation of Child
Appendix 8.3 Form of Certification under the Abortion Regulations 1991
Appendix 8.4 Form of Certification under the Abortion Regulations 1991: Emergency Case
Appendix 8.6 Form of Notification for pregnancies terminated in England and Wales: Form HSA4
Appendix 8.8 Draft order that it is in an adult�s best interests to undergo a termination