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Question: Critically explain and evaluate the extent to which English medical law protects and respects the wishes, feelings, beliefs, and values of adults who lack capacity.

UNIT CODE: LAWD20039
UNIT TITLE: Medical Law
UNIVERSITY OF BRISTOL

Answer: Medical law has taken a big step into protecting and respecting patients who lack capacity. Capacity is defined as the ability to use and understand information to decide and communicate any decision made. According to the Mental Capacity Act (MCA) 2005, a person lacks capacity if their mind is impaired or disturbed in some way, rendering said person unable to decide. ‘A person is assumed to have capacity’ to make decisions on their own behalf ‘unless it is established that he lacks capacity’. Under the latter circumstance, the MCA contains a detailed legislative framework of how the best interest standard of an adult lacking legal capacity should be upheld. Hence, this essay discusses the extent to which English medical law indeed protects and respects the wishes, feelings, bel......(short extract)

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Details: - Mark: Not available | Course: Medical Law | Year: 2nd/3rd | Words: 1999 | References: Yes | Date written: January, 2018 | Date submitted: April 26, 2019 | Coursework ID: 1058

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