Co-authored by Bridget Dolan KC and Sarah Simcock.
Contents
- A Introduction 12.1
- B The legal background 12.2
- Patient and foetal rights in obstetrics 12.2
- The caesarean section cases 12.4
- The mentally competent adult patient: Re S (adult: refusal of treatment) 12.5
- A solution? Re MB 12.7
- Re MB: Capacity 12.8
- Re MB: Reasonable force 12.9
- Re MB: Interests of foetus 12.10
- Re MB: Procedure 12.11
- The solution imposed – St George’s Healthcare NHS Trust v S 12.12
- C The Court of Appeal and Court of Protection guidelines 12.13
- Court of Appeal Guidelines 12.13
- Court of Appeal Guidelines with the MCA in force 12.14
- Court of Protection Guidelines: NHS Trust 1 and NHS Trust 2 v FG 12.16
- Court of Protection guidelines for obstetric cases: procedure and evidence 12.17
- Notifying the patient 12.19
- The timing of applications and delay 12.20
- Planning in advance 12.21
- Contingent declarations 12.22
- Advance decisions 12.24
- Management of pregnancy in women who are comatose or in a permanent vegetative state 12.25
- Forcible transfer to hospital for delivery 12.26
- D A suggested procedure for obstetric units 12.27
- Assessment of capacity 12.28
- Advice to patients about nature of possible treatment 12.29
- Discussion with patient about possible loss of capacity 12.30
- Liaison between teams 12.31
- Advance decisions 12.32
- Psychiatric referral and assessment where capacity in doubt 12.33
- Contingency planning for court application 12.34
- Compliance with court guidelines 12.37
- Continual advice to patient 12.38
- E Procedure for patients 12.39
- F Conclusion 12.40