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Medical Treatment: Decisions and the Law

Medical Treatment: Decisions and the Law


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About the Book

This leading textbook is aimed at lawyers, judges, health care practitioners and local authority professionals who have to deal with the most ethically challenging cases which face the courts: medical treatment decisions. It offers a practical, readily accessible text for those dealing with providing medical treatment to those without capacity in real life.

The book provides not only a clear description of the legal principles applied by Court of Protection judges and the arguments deployed by the authors in the many Court of Protection cases in which they appear, but also a large number of precedents and appendices which will ease the preparation for court hearings (which are often heard as an emergency).

Key developments include:
- New Fertility Issues chapter -including contraception, sterilisation, and abortion
- Chapter 13 changed from PVS/MCS to "Withdrawal of treatment" - the case law has widened on this
- Discussion of "Escalation of Care" - the clinical question of whether treatment should be made available - covering matters including NICE guidelines and care pathways. Issues around availability of treatment on clinical grounds are increasing in case law
- Expansion of Chapter 17 to cover the funding of treatment.
- New chapter on mental health/compulsory treatment other than MHA 1983: there are a range of areas where people can be compelled to have treatment on public health grounds - such as the Coronavirus Act, but also quarantine laws, applications in the magistrates to compel treatment for infectious diseases such as TB, and vaccinations.


About the Author:

Edited by Christopher Johnston QC and Sophia Roper, with contributions from a team of barristers at Serjeants' Inn Chambers.
Christopher Johnston QC 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.
Sophia Roper is a barrister at Serjeants' Inn. Sophia's core practice is in medical treatment and welfare cases in the Court of Protection, in which she previously specialised at the Official Solicitor's office. Sophia is regularly instructed by Trusts, CCGs and local authorities, as well as the Official Solicitor, and family members. She frequently advises on urgent medical treatment cases in respect of adults and children, both in the Court of Protection and under the inherent jurisdiction of the High Court. She works mainly on more complex cases, particularly where there is a difficult point of law, interlinked issues of mental health or community care law, or related Human Rights Act claims.


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Product Details
  • ISBN-13: 9781526516558
  • Publisher: Bloomsbury Academic
  • Publisher Imprint: Tottel Publishing
  • Height: 248 mm
  • No of Pages: 696
  • Spine Width: 25 mm
  • Width: 156 mm
  • ISBN-10: 1526516551
  • Publisher Date: 04 Nov 2021
  • Binding: Paperback
  • Language: English
  • Returnable: Y
  • Weight: 1402 gr


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