Medical Treatment: Decisions and the Law cover


This leading textbook places medical decision-making in its legal context and provides practical guidance on the most ethically challenging cases that face the courts. It explains how the Mental Capacity Act works in practice and how the courts and lawyers wrestle with and resolve problems relating to the very essence of life: what is life? what is an acceptable quality of life? what treatment is so burdensome that it should not be attempted? These questions are posed, not in the abstract but, in real – often desperate, often urgent – situations.

This is the essential guide for solicitors, barristers and judges specialising in Court of Protection work, clinical negligence, personal injury and human rights. Postgraduate medical ethics students and academics, NHS bodies and local authority professionals, health professionals and administrators in the NHS and private practice and those in Commonwealth countries with an interest in these topics will also find this book an invaluable resource.

Medical Treatment: Decisions and the Law offers a readily accessible text for those dealing with the provision of medical treatment to those without capacity and related areas, providing a clear description of procedure as well as practical application of the law.

Key developments for the Fourth Edition include:
· The impact of the Covid-19 pandemic on decision making in the Court of Protection, particularly in relation to end of life decisions and vaccination
· New chapters on two controversial issues: “the Right to Die?” and “Access to Healthcare: Choice”
· Expanded chapter on Decisions for Children, covering recent high-profile cases such as Re Gard where continued provision of life sustaining treatment for babies or very young infants was at issue, and addressing the difficult issues around decision making by 16 to 17 year olds
· Substantially updated chapter on Going to Court, covering how the incapacitous patient can be supported to participate in decisions about their treatment
Discussion of “Escalation of Care” covering matters including NICE guidelines and care pathways and expanded coverage of issues concerning the funding of treatment.

This title is included in Bloomsbury Professional's Clinical Negligence online service.

Table of Contents

Part 1: General Principles
1. Consent – general
2. Consent - adults
3. Deciding for others - adults
4. Consent and deciding for others - children
5. Restraint and deprivation of liberty
6. Going to court
7. Access to healthcare - choice
8. Access to healthcare - funding

Part 2: Specific Problems
9. Abortion
10. Sterilisation and contraception
11. Assisted reproduction
12. Pregnancy and childbirth
13. Feeding
14. Religious observance and objections to treatment
15. Withdrawal and withholding of treatment
16. The right to die?
17. Treating suicidal patients

18. The end of life
19. Human organ and tissue donation


Product details

Published 30 Jun 2022
Format Paperback
Edition 4th
Extent 856
ISBN 9781526516558
Imprint Bloomsbury Professional
Dimensions 248 x 156 mm
Publisher Bloomsbury Publishing

About the contributors


Christopher Johnston, KC

Christopher Johnston KC has 32 years of experience…


Sophia Roper, KC

Sophia Roper is a barrister at Serjeants’ Inn. Sop…


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This book is available on Bloomsbury Collections where your library has access.