medical thingsssssss.docx - Mental Capaity Act 2005 Consent...

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Mental Capaity Act 2005 Consent Best Interests Informed consent Consent - Write some principles about law of consent - Doctors must get consent from the patients first before treatment - If not, what are the consequences? Maybe charged under criminal offence of battery (very unlikely this would happen)- - another options.. tort of battery or tort of negligence - tort of battery plays limited role only - Maclean suggests two reasons for the preference for negligence - First, battery has strong overtones of a criminal offence - Second, use of negligence gives judges greater control over the scope of tortious liability (DEFERENCE TO MP?) Who must provide consent - Adults with capacity, adults without capacity - Where patient is competent, then only that person can consent, no doctrine of consent by proxy in English medical law - May provide an advance directive - If lacks mental capacity, can be provided with treatment that is in his best interests under MCA 2005 - At the end of the day, it is medical team that decides what medical treatment is appropriate (DEFERENCE TO MP?) - Create a lasting power of attorney (LPA)

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