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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.
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