mental capacity

Respecting an autonomous decision to refuse life-saving treatment: a case study

‘in which autonomous patients are choosers who act intentionally, with understanding, and without controlling influences that determine their actions’. .

Amended police powers under the MHA 1983

‘Patients should always be transported in the manner which is most likely to preserve their dignity and privacy consistent with managing any risk to their health and safety or to other people.’ .

The ethical and legal dilemmas paramedics face when managing a mental health patient

The patient, who will be called John for confidentiality purposes, presented to the ambulance service with an ‘altered mental state’. John had arrived at a friend's house during the night, behaving in...

Involving adults who lack capacity in research: ethical and legal challenges for the pre-hospital and emergency medicine context

The Mental Capacity Act 2005 (MCA) took force in 2007; the long-awaited legislation that addressed the legal lacuna regarding decisions made on behalf of adults deemed unable to consent for...

Critical evaluation of advance statements from patients lacking mental capacity

In a series of cases, the English courts have recognised the legal effect at common law of advance statements. In the case of validity of an advance refusal of life-saving treatment, the courts will...

A critical appraisal of the impact of Section 3 of the Mental Capacity Act (2005)

‘Bodily invasions in the course of proper medical treatment stand completely outside the criminal law. A competent adult cannot be treated without consent; this protects the patient's autonomy and...

Decision making for refusals of treatment—a framework to consider

In September 2009, a young adult Ms Wooltorton drank antifreeze, dialled 999 and presented the attending ambulance staff with a letter dated 14 September saying she wanted no lifesaving treatment but...