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The Mental Capacity Act 2005 enables an individual (the donor) to give authority to one or more people (the attorneys) to make decisions on their behalf concerning their health, welfare, property or...
Executing an LPA means to create and register the instrument so that it becomes effective. The Mental Capacity Act 2005, section 9(2)(c), requires that at the time a person executes an LPA they are...
An LPA allows capable adults to nominate one or more people to act on their behalf if they are unable to make decisions themselves at some point in the future..
There has been little change to the death registration process for over 50 years. Registrars relied on the MCCD issued by a single attending doctor to proceed with certification. Only cases referred...
A free revalidation portfolio and CPD resource for nurses and midwives.
It will be impossible for any nurse or doctor to analyse everything that is relevant to their clinical practice area. They do, however, owe patients a legal duty of care and part of this will be the...
‘The right to determine what shall be done with one's own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of...
In the legal literature the subject of rights is a hotly debated one. Many legal theorists in a subject area called jurisprudence and elsewhere have debated the matter. It is a useful exercise to look...
Section 2(1) of the Mental Capacity Act 2005 provides that:.
Nurses and others are given general authority under section 5 of the Mental Capacity Act to act in relation to a person's care and treatment where:.
In AM v South London & Maudsley NHS Foundation Trust and The Secretary of State for Health [2013], Justice Charles held that the Mental Capacity Act 2005 could be used to treat a physical condition...
‘… costs … have continued to grow at an eye-watering rate. Ten years ago, the NHS paid £900 million in damages; last year it was £2.17 billion – equivalent to the annual running costs of the biggest...
Nervous shock used to be the term used to describe psychiatric harm that arose as result of another's negligent action. It is now more accurate to refer to such harm as a psychiatric injury, but the...
‘Nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care.’ .
‘If clinicians are going to recommend statins to their patients, then their duty of care must extend to ensuring that the nature of absolute risk and relative risk is explained’ .
‘Although Mr C's general capacity was impaired by schizophrenia, it had not been established that he does not sufficiently understand the nature, purpose and effects of the treatment he refuses....
One issue she discusses are the professional silos and hierarchies, for example:.
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Section 117 of the Mental Health Act 1983 gives people who have been detained for treatment under the Act the right to aftercare on discharge from hospital (R v Ealing District Health Authority Ex p...
In a clinical negligence case, for example, the court must carefully unpack and analyse the level of care given to determine whether there was any negligence. Lawyers discuss with clinical experts the...
‘A single comprehensive duty covering all the ways you are called on to exercise skill and judgement in improving the mental and physical condition of the patient.’ .
‘We contend that part of the ongoing muddle about safety cultures stems from this lack of focused attention on the nature and implications of justice in the field of patient safety.’ .
BJN provides nurses with an evidence base for clinical practice and a platform for professional development. It shares the information and advice that is key to unlocking your full potential.
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