Medical Law Consent

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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
        • 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
          • 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
        • 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

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