We live in interesting times: changing models, mental health and (in)capacity law in Scotland

Jill Stavert Medical law 0 Comments

When enacted at the start of this century, Scotland’s mental health and capacity legislation was regarded as world leading in its principled and rights-based approach to interventions concerning persons with a mental disorder. Such laws reinforced respect for an individual’s autonomy in requiring that non-consensual interventions only occur as a last resort (providing a benefit that is not otherwise achievable) …

Teaser – Personal Injury Schedules: Calculating Damages

Catriona Stirling Medical law 0 Comments

In cases of serious or catastrophic injury, the largest and most important elements of the damages claim are those for future accommodation and future care. The new edition of Personal Injury Schedules: Calculating Damages ensures that practitioners are aware of all of the latest developments in these areas, so that they do not miss any key components and can maximise …

Restraint and Deprivation of Liberty in Medical Treatment

Christopher Johnston QC Medical law 0 Comments

Lurking in the background of any consideration of the treatment to be given to somebody who lacks capacity or suffers from severe mental illness is the prospect of compelling the patient to receive the care or treatment, whether they like it or not, and whether or not they are prepared to agree or cooperate. Restraint may be required to get …

Going to Court in Medical Treatment Cases

Christopher Johnston QC Medical law 0 Comments

Whether in the High Court or the Court of Protection, judges considering medical treatment cases have as their focus the best interests of the person who is the subject of the proceedings.* While the procedural rules must of course be observed, the need to achieve the right result for that person requires an emphasis on substance over form. Translating parties’ …

Deciding for Children in Medical Treatment

Christopher Johnston QC Medical law 0 Comments

In English law a child is any person under the age of 18. As might be expected, the law recognises that children do not possess the same capacity to make decisions as adults. As will be seen, however, much depends on the age of the child. Consent to medical treatment of a child can be obtained from a number of …

Deciding for others in medical treatment

Christopher Johnston QC Medical law 0 Comments

Traditionally, the High Court exercised its inherent jurisdiction when making declarations or orders in relation to medical treatment issues. However, on 1 October 2007 the Mental Capacity Act 2005 (‘MCA’) came into force and provided a statutory framework to assist with the decision-making process for people who lack capacity. The provisions of the MCA extend far beyond medical and treatment …

Patient autonomy in medical treatment

Christopher Johnston QC Family Law, Medical law 0 Comments

While it has always been well established that an adult who lacks capacity cannot give valid consent to treatment, the Mental Capacity Act (MCA) places a renewed emphasis on the autonomy of the patient and imposes a clear requirement to involve patients and those close to them in the decision-making process in relation both to medical treatment and to the …

Legal foundations in medical treatment

Christopher Johnston QC Family Law, Medical law 0 Comments

The legality of all medical treatment is founded on the existence of consent or some other lawful authority. The general principle is that no form of medical treatment can be given without either the consent of the capable patient, or, if the patient is a child or an incapable adult, either the consent of someone with the authority to give …

Product liability for medicinal products

Michael Powers QC Medical law, Professional Negligence 0 Comments

Dr Anthony Barton and I , along with the authors of this particular section, Charles Gibson QC, Geraint Webb QC, and James Purnell,  were delighted to read Mr Justice Hickinbottom’s judgment in Wilkes v Depuy, on the 6th December. ‘Risk-benefit in this context is explained in the commendable consideration of the issues surrounding “Product liability for medicinal products” in the chapter …

“Leave the common law of clinical negligence alone…” – John Baron MP

Harriet Espin-Bradley Medical law, News, Professional Negligence 0 Comments

Clinical Negligence Launch Party – 20th January, Lincoln’s Inn The evening of Wednesday 20th January marked the launch of the 5th edition of Clinical Negligence, by Dr Michael Powers QC, Dr Anthony Barton and a team of 54 expert contributors. It was held in the Great Hall at Lincoln’s Inn – an impressive venue for an eminent book. John Baron MP …