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Cover Mental Health Law: Policy and Practice

12. Legal Responses and Advocacy for Clients  

but also checklists, a pro forma case summary, and advice on the minutiae of conducting interviews. Quite appropriately, he emphasises the essential similarity between representation

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Cover Mental Health Law: Policy and Practice

5. Deprivation of Liberty under the Mental Capacity Act 2005  

personal examination of the relevant person in cases before the Court of Protection. While not quite the Shtukaturov case, the logic of that case would suggest that where there is contradictory

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11. Ending Compulsion under the Mental Health Act 1983  

difference between the two types of case. In Doncaster , Mance LJ held at para. 72 that the test is whether or not ‘expected treatment...[is] an essential pre-requisite of discharge from

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4. The Mental Capacity Act 2005  

collection of cases relating to sex and marriage commence shortly before the passage of the MCA 2005, with the case of Sheffield City Council v E [2004] EWHC 2808 (Fam). The case involved

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Cover Mental Health Law: Policy and Practice

3. Community Care  

in this case. This was because its application is limited to situations in which there had been a transfer specifically and deliberately to avoid liability, and in this case, the evidence

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Cover Mental Health Law: Policy and Practice

10. Control in the Community  

policy was challenged in the Sunderland City Council case in 2012. This case was in many ways similar to the Hertfordshire case. A patient, SF, lived in accommodation (a residential

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Cover Mental Health Law: Policy and Practice

7. Policing Mental Disorder  

prosecutors dealt appropriately with cases involving mentally disordered suspects, that in most but not all cases (38 of a sample of 45 discontinued cases) prosecutors learnt of the suspects

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Cover Mental Health Law: Policy and Practice

2. An Overview of the Contemporary Mental Health System  

focus of hospital-based services, from dealing with both acute and chronic cases, to a marked focus on acute cases only. With the closure of the asylums in the late twentieth century, patients

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Cover Mason and McCall Smith's Law and Medical Ethics

4. The Regulation of Health and Social Care Professionals  

A. M. Farrell and E. S. Dove

different types of serious cases, namely those that involve sexual misconduct and dishonesty. 4.4 The Case of Dr Bawa-Garba The facts relating to the case of Dr Hadiza Bawa-Garba

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Cover Mason and McCall Smith's Law and Medical Ethics

17. Withholding and Withdrawing Medical Treatment from Adults  

A. M. Farrell and E. S. Dove

in the various cases that have come before the courts, and the reasons underlying those decisions. We now turn to these cases in detail. 17.5 The English Cases The first and

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Cover Mason and McCall Smith's Law and Medical Ethics

16. Medical Futility  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

necssarily true in MCS cases. Indeed, the cases could often overlap in the sense that medical evidence can change circumstances, as a number of the above cases worryingly demonstrate

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Cover Medical Law and Ethics

3. Medical Negligence  

negligently so or not. Such a case could be called a ‘pure diagnosis’ case. At the other end of the spectrum is the second type of case: a ‘pure treatment’ case, where the nature of the

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

12. Clinical Negligence  

A. M. Farrell and E. S. Dove

GNM with the Human Rights Act 1998. Two essential arguments were made: (i) that there was no ‘fair trial’ (Article 6 ECHR) in such cases because they involve juries that are not required

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Cover Mason and McCall Smith's Law and Medical Ethics

11. Civil and Criminal Liability in Reproductive Medicine  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

the case, Emeh became the leading case in England and the practice of allowing damages for the upkeep of an uncovenanted, healthy child was followed in a succession of cases—and these

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5. Children and Medicine  

child save in the most extreme cases. In such a case the doctor is likely to want a court order authorizing the treatment. Even then it is clear from the case law that it will require a

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Cover Mason and McCall Smith's Law and Medical Ethics

5. Liability for Medical Injury  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

of itself, sufficient ground to sustain her claim in negligence; it was essential to the success of her case that she proved that her condition had been caused by repetitive movements

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Cover Mason and McCall Smith's Law and Medical Ethics

8. Consent to Medical Treatment  

A. M. Farrell and E. S. Dove

perform procedures which are not essential for the patient’s immediate survival or well-being. This was established in two well-known Canadian cases where the courts explored the distinction

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Cover Mason and McCall Smith's Law and Medical Ethics

9. Children and Consent to Medical Treatment  

A. M. Farrell and E. S. Dove

background context ahead of our examination of case law, starting from the seminal case of Gillick. Thereafter, post- Gillick case law is explored in select areas, including refusals

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Cover Mason and McCall Smith's Law and Medical Ethics

14. Mental Health and Human Rights  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case. 51 It does seem that the draughtsman

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Cover Mason and McCall Smith's Law and Medical Ethics

9. The Control of Fertility and Child Birth  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

subject’s medical interests. The solution of some such cases will be obvious—clearly, for example, it would not be essential to obtain court approval before undertaking a hysterectomy