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Legal

The COVID-19 vaccine and the best interests of a person who lacks capacity

The Nursing and Midwifery Council Code (2018), standard 4, requires nurses to act in the best interests of people at all times. This includes balancing the need to act in the best interests with the...

Judging mental capacity to engage safely with social media

‘To live independently and participate fully in all aspects of life … [including] access, on an equal basis with others, … to information and communications, including information and communications...

Positive obligations to protect against deprivation of liberty in the community

The European Court of Human Rights requires that nurses consider three elements when determining whether a person is being deprived of their liberty:.

The role of the nearest relative in mental health law

Under the Mental Health Act 1983, people detained for assessment and/or treatment are allocated a nearest relative. This includes people subject to unrestricted hospital orders, hospital directions...

The Consequences of Failing to Discharge the Duty of Candour

The organisational duty of candour is imposed on healthcare providers in England under the provisions of the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated...

COVID-19 and the lawfulness of bulk do not attempt resuscitation orders

DNAR notices avoid the inappropriate use of cardiopulmonary resuscitation (CPR) in hospital and settings such as care homes. The notice applies to CPR only and does not exclude the provision of other...

Assessing capacity in cases of fluctuating decision-making ability

The assessment of a person's decision-making capacity requires the methodical application of the provisions of the Mental Capacity Act 2005 and its code of practice..

Holding powers in hospitals under the Mental Health Act 1983

‘…nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital … without any application, order or direction...

Negligence, trauma and nervous shock

Negligence is best described as actionable harm and a successful claim has to show that:.

Duty, indemnity and immunity during the COVID-19 pandemic

Nurses are generally expected to meet the standard of care set by the profession, employer and the law (Griffith, 2020). In law, the professional standard of care is determined by reference to Bolam v...

The law and death

There is no statutory definition of death (Grubb et al, 2010). Generally, the Triad of Bichat (Griffith and Tengnah, 2008), which defines death as ‘the failure of the body as an integrated system...

Using public health law to contain the spread of COVID-19

The Public Health (Control of Disease) Act 1984 gives health protection powers to local authorities, which can be used without approval from a court. They also give powers to magistrates to make...

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