Clinical Law Southampton:
Mr Robert Wheeler, Consultant Paediatric Surgeon and Director of the Department of Clinical Law, discusses issues arising in clinical practice such as consent and confidentiality.
TC was 69 when she presented with a supraglottic laryngeal cancer, affecting both her breathing and swallowing.
Balancing Conflicting Interest
An eagerly awaited case has been decided. You may recall the story of ABC, whose father, XX, killed her mother, leading to his detention in a psychiatric facility.
Refusing Consent For Surgery
Two recent cases with similar facts have resulted in different outcomes. ZA was a 53 year old schizophrenic woman who lacked capacity, and would die if she did not undergo an above knee amputation.
The therapeutic relationship is based on a patient's trust and confidence; in particular that she believes that her doctor (or any other clinician) knows what they are doing.
In August 2019, a hospital sought a court declaration that RR (a 20 year old man)lacked the capacity to make decisions about the palliative care that he was being offered, and to approve the proposed plan.
Delusions And Capacity
It is intuitive that delusional illness impairs patients' capacity. But equally we are now well aware of the danger of discriminating against people on the basis of irrelevant considerations, as embodied in the Equality Act 2010.