Medical Treatment: Decisions and the Law

3. Deciding for Others – Adults

Best interests: The medical issues: Update to main text para 3.26, page 80:

Christopher Johnston QC


A doctor cannot be compelled to treat someone.[17] A court can only consent to treatment to which the patient themselves could have consented.  Subject to an administrative court challenge,[18] the court cannot compel a Trust to offer a different treatment to a patient, even if the court concludes such a treatment would be the best option for the patient. The Supreme Court in Aintree University Hospitals NHS Foundation Trust v James [19] stated that:

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