Medical Treatment: Decisions and the Law

“The authoritative practitioner text for medical treatment cases”

Alexander Ruck Keene, Mental Capacity Law and Policy

“It is as close to granting the reader a free, direct adviceline to counsel, as the joint heads of Serjeants’ Inn are ever likely to permit.”    New Law Journal

Third edition, edited by Christopher Johnston QC, written by 23 members of Serjeants’ Inn and published by Bloomsbury Professional in 2016.

Medical Treatment: Decisions and the Law covers an increasingly important area of law, seeking to place medical decision-making in its context and to provide practical guidance to the solution of many problems likely to be encountered in practice.

It concentrates on the decisions involved in obtaining authority for the provision, the withholding and withdrawal of physical medical treatment and care and the legal requirements and consequences of the decision-making process.

The third edition is fully updated to include:

  • Cases on deprivation and restraint of liberty since the second edition
  • The March 2014 Supreme Court case of Cheshire West and P&Q, Article 5 ECHR
  • The Supreme Court case in Aintree v James
  • PC v City of York in which MacFarlane LJ emphasised the “decision specific” approach of the Mental Capacity Act
  • Important cases on the assessment and treatment of anorexic patients
  • The position where treatment has been refused by the patient (including force feeding and gynaecological treatment)


Chapter extracts and updates