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11.9 - The Legal Framework

from Section 11 - Professionalism, Patient Safety, Governance and Health Systems Management

Published online by Cambridge University Press:  27 July 2023

By
Jo Samanta  and
Dev Dutta
Edited by
Ned Gilbert-Kawai ,
Debashish Dutta  and
Carl Waldmann
Ned Gilbert-Kawai
Affiliation:
The Royal Liverpool Hospital
Debashish Dutta
Affiliation:
Princess Alexandra Hospital NHS Trust, Harlow
Carl Waldmann
Affiliation:
Royal Berkshire Hospital, Reading
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Summary

Key Learning Points

  1. 1. Professional regulation and legal framework closely interact in providing care of patients in intensive care.

  2. 2. Legal and ethical issues closely interplay with common law, statute and public law.

  3. 3. The Mental Capacity Act and safeguarding process have introduced a robust decision-making process.

  4. 4. Clinicians have to be aware of the legal framework whilst making treatment refusal and life-sustaining treatment decisions.

  5. 5. Patients with capacity can refuse or influence any treatment, but cannot demand any specific treatment.

Keywords

Keywords:legal frameworkMental Capacity Actlawsafeguarding
Type
Chapter
Information
Intensive Care Medicine
The Essential Guide
 , pp. 761 - 765
Publisher: Cambridge University Press
Print publication year: 2021

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References

References and Further Reading

Brazier, M, Cave, E. Medicine, Patients and the Law, 6th edn. Manchester: Manchester University Press; 2016.Google Scholar
Danbury, C, Newdick, C, Lawson, A, et al. Law and Ethics in Intensive Care. Oxford: Oxford University Press; 2010.Google Scholar
General Medical Council. 2010. Treatment and care towards the end of life: good practice in decision making. www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/treatment-and-care-towards-the-end-of-lifeGoogle Scholar
General Medical Council. 2020. Decision making and consent guidance. www.gmc-uk.org/guidance/ethical_guidance/consent_guidance_index.aspGoogle Scholar
Laing, J, McHale, J. Principles of Medical Law, 4th edn. Oxford: Oxford University Press; 2017.Google Scholar
legislation.gov.uk. 2005. Mental Capacity Act 2005. www.legislation.gov.uk/ukpga/2005/9/contentsGoogle Scholar
Newdick, C. Who Should We Treat? Rights, Rationing and Resources. Oxford: Oxford University Press; 2005.CrossRefGoogle Scholar
NHS. Mental Capacity Act. www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/Google Scholar
Resuscitation Council UK. Guidance: DNACPR and CPR decisions. www.resus.org.uk/library/additional-guidance/guidance-dnacpr-and-cpr-decisionsGoogle Scholar

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