Medical Consent in UK Law
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Re T (an Adult) (Consent to Medical Treatment)
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Doctors faced with a refusal of consent have to give very careful and detailed consideration to the patient's capacity to decide at the time when the decision was made. What matters is that the doctors should consider whether at that time he had a capacity which was commensurate with the gravity of the decision which he purported to make. The more serious the decision, the greater the capacity required.
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Airedale NHS Trust v Bland
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First, it is established that the principle of self-determination requires that respect must be given to the wishes of the patient, so that if an adult patient of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged, the doctors responsible for his care must give effect to his wishes, even though they do not consider it to be in his best interests to do so (see Schloendorff v. Society of New York Hospital 105 N.E. 92, 93, per Cardozo J. (1914); S. v. McC. (Orse S.) and M (D.S. Intervener); W v. W [1972] A.C. 24, 43, per Lord Reid; and Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] A.C. 871, 882, per Lord Scarman).
But in many cases not only may the patient be in no condition to be able to say whether or not he consents to the relevant treatment or care, but also he may have given no prior indication of his wishes with regard to it.
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Chester v Afshar
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Montgomery v Lanarkshire Health Board
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An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken. The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments.
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PC (by her litigation friend the Official Solicitor) [1] and Another v City of York Council
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The determination of capacity under MCA 2005, Part 1 is decision specific. Some decisions, for example agreeing to marry or consenting to divorce, are status or act specific. But all decisions, whatever their nature, fall to be evaluated within the straightforward and clear structure of MCA 2005, ss 1 to 3 which requires the court to have regard to 'a matter' requiring 'a decision'. There is neither need nor justification for the plain words of the statute to be embellished.
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Re Z (A Minor) (Freedom of Publication)
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Coronavirus Act 2020
... ... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... 2002/254) ... 3: Emergency arrangements concerning medical practitioners: Wales ... ...
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Serious Crime Act 2015
... ... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... Remand: medical examination and report ... 9(1) Any power to remand a person under ... ...
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The National Health Service (General Medical Services Contracts) Regulations 2015
... ... and other skin lesions;(b) recording in the patient’s record—(i) details of the minor surgery provided to the patient, and(ii) the consent of the patient to that surgery ... (7) “Vaccine and immunisation services” means the following services—(a) offering to administer or provide ... ...
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Mental Health (Scotland) Act 2015
... ... under section 86 of this Act from a patient's responsible medical officer, and(b) the Tribunal is required by virtue of section 101(2) (a) ... (3) there is inserted(3A) Subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the ... ...
- CONSENT TO MEDICAL PROCEDURES ON MINORS
- “Proper Medical Purpose”: Reviewing Consent and the Medical Exemption to Offences Against the Person
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‘It is Not for Me to Say Whether Consent Was Given or Not’: Forensic Medical Examiners’ Construction of ‘Neutral Reports’ in Rape Cases
Attrition rate studies have outlined the role the ‘real rape’ stereotype plays in prosecutor decisions concerning the progression of rape cases through the criminal justice system. According to the...
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Informed Consent and Medical Paternalism: A Prominent Shift in the Paradigm of the Doctor-Patient relationship
Autonomy, or the right to decide for oneself, is synonymous with human dignity and are the foundational pillars of human rights. While autonomy in itself is a daedalian notion that fleshes out into...
- Parental Consent To Medical Treatment
- Changes To Consent To Medical Treatment
- Medical Treatment - Have I Really Given Consent?
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Informed consent principles in the UK
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower ......The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical advice. After being given ... ...
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Form D81
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms....Print form ... Statement of information ... for a consent order ... in relation to a ... financial remedy ... Print form ... To be ... e.g. medical conditions, change of employment, any significant change in circumstances, ... ...
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Apply to authorise a deprivation of liberty
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... in the functioning of the mind or brain and lacks capacity to consent to the ... measures proposed and the deprivation of liberty which is ... ‘unsound mind’ and I attach written evidence from a medical practitioner ... If your assessment of capacity on form COP3 has not been ... ...
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Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... in the functioning of the mind or brain and lacks capacity to consent to the ... measures proposed and the deprivation of liberty which is ... ‘unsound mind’ and I attach written evidence from a medical practitioner ... If your assessment of capacity on form COP3 has not been ... ...
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Medical report for gender recognition
Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).... ... If other people are to have access to ... your files; you will need to obtain the patient’s consent before recording any information ... that could later be seen by a third party. This is true regardless of whether your patient’s ... application ... ...