Medical Treatment: Decisions and the Law

Edited by Christopher Johnston QC who has 21 years of experience acting for top claimant and defendant firms. He combines the research and analytical skills of an academic lawyer with a user friendly approach and the practical ability to apply complex legal principles to devise the correct tactics. Assisted by a team of specialist contributors from Serjeants’ Inn Chambers.

Part 1 General principles
1 Consent – General
2 Consent – Adults
3 Deciding for Others – Adults
4 Deciding for Others – Children
5 Going to Court
6 Restraint and Deprivation of Liberty
Part 2 Specific problems
7 Sterilisation
8 Abortion
9 Assisted Reproduction
10 Managing Pregnancies
11 Feeding
12 Religious Objections to Treatment
13 Permanent Vegetative and Minimally Conscious States
14 Treating Suicidal Patients
15 The End of Life
16 Human Organ and Tissue Donation
17 Access to Healthcare
Appendix 1.1 Mental Capacity Act 2005
Appendix 1.2 Consent form 1 (sample)
Appendix 1.3 DOH: Information to assist in amending consent forms
Appendix 1.4 GMC: ‘Consent: patients and doctors making decisions together’ (2008)
Appendix 1.5 GMC: ‘Good Medical Practice’ (2013)
Appendix 2.1 Advance decision to refuse treatment (ADRT)
Appendix 4.1 Balance Sheet in An NHS Trust v MB [2006] EWHC 507(Fam)
Appendix 5.1 Court of Protection Practice Direction 9E: How to start proceedings
Appendix 5.2 Court of Protection Practice Direction 10B: Applications within proceedings
Appendix 5.3 Practice Direction 12A: Dealing with applications
Appendix 5.4 Practice Direction 13A – Hearings (Including Reporting Restrictions)
Appendix 5.5 President’s guidance: Transparency in the Family Court and Publication of Judgments (16 January 2014)
Appendix 5.6 President’s guidance: Transparency in the Court of Protection and Publication of Judgments (16 January 2014)
Appendix 5.7 Practice note: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in relation to Adults (March 2013)
Appendix 5.8 FPR Practice Direction 12D – Inherent Jurisdiction (Including Wardship) Proceedings
Appendix 5.9 FPR Practice Direction 12I – Applications for Reporting Restrictions Orders
Appendix 5.10 FPR Practice Direction 16A: Representation of Children
Appendix 5.11 Sample wording to ensure a medical treatment case is heard before the appropriate judge
Appendix 5.12 Suggested directions to include in a draft Order to secure the appointment of the Official Solicitor
Appendix 5.13 Sample draft order for first directions hearing in a medical treatment case in the Court of Protection
Appendix 5.14 Sample Reporting Restrictions Order
Appendix 5.15 Sample final order in a medical treatment case in the Court of Protection
Appendix 5.16 Sample draft order for first directions hearing in an urgent medical treatment case concerning a minor in the High Court
Appendix 5.17 Sample draft order for first directions hearing in a non-urgent medical treatment case concerning a minor in the High Court
Appendix 5.18 Sample final order for first directions hearing in a medical treatment case concerning a minor in the High Court
Appendix 6.1 Order permitting use of restraint and authorising a deprivation of liberty
Appendix 6.2 Interim Order providing for Court of Protection reviews of deprivation of liberty where there is no MCA Sch A1 authorisation
Appendix 6.3 Overview of deprivation of liberty safeguards
Appendix 8.1 Abortion Act 1967
Appendix 8.2 Abortion Regulations 1991
Appendix 8.3 Form of Certification under the Abortion Regulations 1991
Appendix 8.4 Form of Certification under the Abortion Regulations 1991: Emergency Case
Appendix 8.5 Abortion Regulations 1991 Schedule 2
Appendix 10.1 Court of Appeal Guidelines: Re MB Guidelines and St George’s Healthcare v S Guidelines
Appendix 10.2 Court of Protection Guidance: FG
Appendix 10.3 Draft Order Permitting Caesarean Section (Urgent Case)
Appendix 12.1 Draft Form for Refusal of Treatment to be Signed by the Patient
Appendix 12.2 Draft Record of Refusal of Treatment to be Signed by Doctor
Appendix 12.3 Draft Specific Issue Order for Administration of Blood Products to Child
Appendix 14.1 Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide