> 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.
> Adrian Fogarty
I fully refute the notion that for patients without capacity "the Doctor
decides what's in their best interests". This is not supported by case law.
There are examples, in end of live decisions - Bland (PVS)and the cases that
have followed this judgement; several Mental Health cases on treatment;
Fertility and Reproductive cases - sterilisation being a common question put
to the court. I think it's erroneous to suggest that these decisions are
made by clinicians alone.
Whether we split hairs between a "declaration of legality" or "consent" I
think it should be appreciated that the principle of applying to the court
for permission to carry out a procedure or treatment on someone who is
incapable of giving their consent has been long established and those who
ignore it do so at their own peril!
Tony
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