5 results
Search Results
2. Mental incapacity: some proposals for legislative reform.
- Author
-
McHale, J. V.
- Subjects
PEOPLE with mental illness ,GOVERNMENT policy ,NATIONAL health service laws ,CAPACITY (Law) ,ORGAN donation ,JURISPRUDENCE ,MEDICAL ethics ,MEDICAL research ,MENTAL health laws ,ORGAN donors ,POLICY sciences ,RISK assessment ,PASSIVE euthanasia ,LAW ,LEGISLATION - Abstract
While the decision of the House of Lords in Re F in [1990] clarified somewhat the law concerning the treatment of the mentally incapacitated adult, many uncertainties remained. This paper explores proposals discussed in a recent government green paper for reform of the law in an area involving many difficult ethical dilemmas. [ABSTRACT FROM AUTHOR]
- Published
- 1998
- Full Text
- View/download PDF
3. Transsexualism: a legal perspective.
- Author
-
Thomson JM
- Subjects
- Birth Certificates, Employment, England, Female, Humans, Infant, Newborn, Male, Marriage, Prejudice, Jurisprudence, Transsexualism surgery
- Abstract
This paper begins with a discussion of the current legal definition of sex laid down in Corbett v Corbett. The implications of this test for three areas of the law, marriage, birth certificates and employment are then examined. Solutions from the United States of America and West Germany are studied and the suitability of similar solutions being transplanted into British law discussed.
- Published
- 1980
- Full Text
- View/download PDF
4. Causes and consequences of delays in treatment-withdrawal from PVS patients: a case study of [2016] EWCOP 32.
- Author
-
Kitzinger, Jenny and Kitzinger, Celia
- Subjects
LEGAL status of patients ,CONSCIOUSNESS ,PATIENTS ,PERSISTENT vegetative state ,MEDICAL care ,MEDICAL ethics ,ACTIONS & defenses (Law) ,CONFLICT (Psychology) ,DECISION making ,ETHICS ,JURISPRUDENCE ,HEALTH policy ,LIFE support systems in critical care ,NATIONAL health services ,PASSIVE euthanasia ,LAW - Abstract
Life-extending treatment, in the form of artificial nutrition and hydration, is often provided to people in permanent vegetative states (PVS) in England and Wales for many years, even when their family believes the patient would not want it and despite the fact that no court in the UK has ever found in favour of continuing such treatment for a patient with a confirmed PVS diagnosis. The first half of this article presents a close analysis of the recent case of Cumbria NHS Clinical Commissioning Group v Miss S and Ors [2016] EWCOP 32. It examines the causes of delay in bringing this case to court and reaching a final judgment. It draws not only on the published judgment, but also on the two authors' involvement in supporting the family (before, during and subsequent to the court hearings) as a result of their academic and policy-related work in this area. This includes conversations with the family and with members of the clinical and legal teams, and observations in court. The second part of the article draws out the ethical and practical implications of the findings for theory and policy and suggests ways forward in relation to (a) the provision and inspection of care for these patients; (b) legal practice in relation to 'best interests' and (c) the perceived requirement under English law for a court application before life-prolonging treatment can be withdrawn from PVS patients-even in the absence of any 'in principle' opposition. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
5. Court applications for withdrawal of artificial nutrition and hydration from patients in a permanent vegetative state: family experiences.
- Author
-
Kitzinger, Celia and Kitzinger, Jenny
- Subjects
ARTIFICIAL feeding ,PERSISTENT vegetative state ,PATIENTS' families ,PATIENT refusal of treatment ,EUTHANASIA ,MEDICAL laws ,COURTS ,FAMILIES & psychology ,COMMUNICATION ,CONFLICT (Psychology) ,DECISION making ,DIET therapy ,FLUID therapy ,JURISPRUDENCE ,RESEARCH funding ,NARRATIVES ,PASSIVE euthanasia ,PSYCHOLOGY - Abstract
Withdrawal of artificially delivered nutrition and hydration (ANH) from patients in a permanent vegetative state (PVS) requires judicial approval in England and Wales, even when families and healthcare professionals agree that withdrawal is in the patient's best interests. Part of the rationale underpinning the original recommendation for such court approval was the reassurance of patients' families, but there has been no research as to whether or not family members are reassured by the requirement for court proceedings or how they experience the process. The research reported here draws on in-depth narrative interviews with 10 family members (from five different families) of PVS patients who have been the subject of court proceedings for ANH-withdrawal. We analyse the empirical evidence to understand how family members perceive and experience the process of applying to the courts for ANH-withdrawal and consider the ethical and practice implications of our findings. Our analysis of family experience supports arguments grounded in economic and legal analysis that court approval should no longer be required. We conclude with some suggestions for how we might develop other more efficient, just and humane mechanisms for reviewing best interests decisions about ANH-withdrawal from these patients. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
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