Co-authored by James Berry and Louisa Brown.
Contents
- A Framework 1.1
- Introduction 1.1
- Proposal to treat 1.3
- Formulation of proposal 1.3
- Risks of treatment 1.4
- Considering alternative forms of treatment 1.5
- Compelling a doctor to treat 1.6
- Irrational decisions by care providers to refuse treatment 1.7
- Resources 1.8
- Treatment demanded by the patient 1.9
- Communication of the proposal 1.10
- Consent – state of mind 1.13
- Intention 1.13
- Comprehension 1.14
- Communication of consent 1.15
- Written consent 1.16
- Oral consent 1.17
- Conduct 1.18
- B Information about risks 1.19
- No doctrine of informed consent in relation to trespass to the person 1.19
- Duty of care – common law position 1.20
- The test of materiality 1.21
- Duty to respond to specific needs of patient 1.22
- Application of Montgomery 1.23
- Article 8 1.24
- Delegation 1.25
- Duty to answer questions 1.26
- Information about alternative forms of treatment 1.27
- Known comparative outcomes 1.28
- C Vitiating factors 1.30
- Fraud 1.31
- Duress and undue influence 1.32
- Capacity 1.33
- D Scope of authority 1.34
- E Duration of authority 1.35
- F Withdrawal of authority 1.37
- G Conclusion 1.38