Tony Adams wrote:
>On the seperate issue of consent to treatment, it is my understanding that
>in some cases of incapacity it is best for the courts, not doctors, to
give
>consent although the "best interest test" still applies to emergency
>treatment.
Actually, Tony, even a court cannot give consent on behalf of an adult.
Technically speaking, a court can only deem that a procedure is "not
unlawful". This rather nebulous double negative removes any suggestion that
the court is somehow endorsing or encouraging the treatment; this must be
decided by clinicians alone.
>Yes, of course the patient's dignity and privacy is also protected by law -
>Art 8 Human Rights Act 1998. Whatever our personal objections to relatives
>in the resus room, this could in most cases be justifiable as proportionate
>and in the best interest of those concerned under common law. That, I
>propose, also covers technical breaches of confidentiality as described.
Quite, Tony, I think that's very sensible.
Adrian Fogarty
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