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’. .

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...

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