Medical Consent in UK Law

Leading Cases
  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 Febrero 1993

    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).

  • Re T (an Adult) (Consent to Medical Treatment)
    • Court of Appeal (Civil Division)
    • 30 Julio 1992

    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.

  • Messier Dowty Ltd v Sabena SA
    • Court of Appeal (Civil Division)
    • 21 Febrero 2000

    The deployment of negative declarations should be scrutinised and their use rejected where it would serve no useful purpose. However where a negative declaration would help to ensure that the aims of justice are achieved the courts should not be reluctant to grant such declarations. So in my judgment the development of the use of declaratory relief in relation to commercial disputes should not be constrained by artificial limits wrongly related to jurisdiction.

  • Montgomery v Lanarkshire Health Board
    • Supreme Court (Scotland)
    • 11 Marzo 2015

    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.

  • Chester v Afshar
    • House of Lords
    • 14 Octubre 2004

    The function of the law is to enable rights to be vindicated and to provide remedies when duties have been breached. Unless this is done the duty is a hollow one, stripped of all practical force and devoid of all content. It will have lost its ability to protect the patient and thus to fulfil the only purpose which brought it into existence.

  • PC (by her litigation friend the Official Solicitor) [1] and Another v City of York Council
    • Court of Appeal (Civil Division)
    • 01 Mayo 2013

    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.

  • Re Z (A Minor) (Freedom of Publication)
    • Court of Appeal (Civil Division)
    • 31 Julio 1995

    I would for my part accept without reservation that the decision of a devoted and responsible parent should be treated with respect. But the role of the court is to exercise an independent and objective judgment. If that judgment is in accord with that of the devoted and responsible parent, well and good. If it is not, then it is the duty of the court, after giving due weight to the view of the devoted and responsible parent, to give effect to its own judgment.

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Legislation
  • The Ionising Radiations Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... energy higher than 1MeV;“appointed doctor” means a registered medical practitioner who meets such recognition criteria as may from time to time ... practice under regulation 6 or a specified practice requiring consent under regulation 7;(b) work specified in Schedule 1; and(c) work carried ... ...
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • The National Health Service (General Medical Services Contracts) Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 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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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Form D81
    • HM Courts & Tribunals Service court and tribunal forms
    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, ... ...
  • Apply to authorise a deprivation of liberty
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Medical report for gender recognition
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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