Medical law

Medical law

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1. “The Mental Capacity Act 2005 and the accompanying Code of Practice provide medical practitioners and patients with clear, comprehensive guidance on decisions regarding capacity and best interests.”


2. “Despite Bolitho, little has changed. Bolam still runs rampant through Health Care Law.”

3. Martha is 17 years old, and 38 weeks pregnant. It is found that the foetus cannot be delivered naturally, as it is in a transverse lie position. Martha’s parents ask Dr Williams whether it might be possible to perform a caesarean section. Martha is very angry when she hears this, and strongly rejects the idea, stating that she will under no circumstances agree as she wants to have the baby “naturally, in a barn, as God intended”. However, two hours later, having spent some time discussing the situation with her parents, Martha changes her mind and consents to the procedure.

Discuss whether you think that a court would authorise an enforced caesarean in this case. Would your answer be different if Martha was 18 years old?”

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