This website is intended for healthcare professionals
This website is intended for healthcare professionals
Senior Lecturer in Health Law at Swansea University
Executing an LPA means to create and register the instrument so that it becomes effective. The Mental Capacity Act 2005, section 9(2)(c), requires that at the time a person executes an LPA they are...
An LPA allows capable adults to nominate one or more people to act on their behalf if they are unable to make decisions themselves at some point in the future..
There has been little change to the death registration process for over 50 years. Registrars relied on the MCCD issued by a single attending doctor to proceed with certification. Only cases referred...
Under section 136A of the Mental Health Act 1983 the use of a police station as a place of safety for those under 18 years is forbidden.
‘The right to determine what shall be done with one's own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of...
Legally, individuals are not generally required to exercise care toward others unless a specific duty situation exists. However, in certain situations, called duty situations, the nature of the...
Section 2(1) of the Mental Capacity Act 2005 provides that:.
Nurses and others are given general authority under section 5 of the Mental Capacity Act to act in relation to a person's care and treatment where:.
In AM v South London & Maudsley NHS Foundation Trust and The Secretary of State for Health [2013], Justice Charles held that the Mental Capacity Act 2005 could be used to treat a physical condition...
Nervous shock used to be the term used to describe psychiatric harm that arose as result of another's negligent action. It is now more accurate to refer to such harm as a psychiatric injury, but the...
‘Nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care.’ .
The recent conviction of a woman for assisting another person to undertake female genital mutilation (FGM) on a three-year-old British girl during a trip to Kenya, has been hailed as evidence of the...
‘Although Mr C's general capacity was impaired by schizophrenia, it had not been established that he does not sufficiently understand the nature, purpose and effects of the treatment he refuses....
Section 117 of the Mental Health Act 1983 gives people who have been detained for treatment under the Act the right to aftercare on discharge from hospital (R v Ealing District Health Authority Ex p...
‘A single comprehensive duty covering all the ways you are called on to exercise skill and judgement in improving the mental and physical condition of the patient.’ .
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