How many of us have thought about making a living will? Living wills — or, more accurately, advance decisions — enable adults with mental capacity to make a decision to refuse treatment if they lose capacity in the future. One of the most common reasons why people lose capacity and require medical treatment is dementia. […]
In the final part of the sad saga regarding the withdrawal of artificial nutrition and hydration from a brain injured man in MCS, the Court of Appeal have now made it clear in Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169 that seeking an order under section 21A of the […]
Update to para 5.35, page 160: Costs In MR v SR and Bury Clinical Commissioning Group [2016] EWCOP 54[1], a rare costs award has been made in a medical case in the Court of Protection. The substantive application in this case was brought by SR’s daughter, MR, in the face of the Clinical Commissioning Group’s […]
If you will forgive us a little self-promotion, we are very grateful for the positive reviews so far garnered by the 3rd edition. Alex Ruck-Keene, on his fantastic Mental Capacity Law and Policy blog, referred to our publication as “the authoritative practitioner text for medical treatment cases”. […]
Read More… from Reviews of Medical Treatment: Decisions and the Law, 3rd edition
The ‘process of dying’: update to main text para 15.25, fn2, page 473 NICE guidance (2017) covering the ‘Care of dying adults in the last days of life’ identifies four key elements: ‘Adults who have signs and symptoms that suggest they may be in the last days of life are monitored for further changes to help […]