Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-26T20:47:00.232Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×