Psychiatry
Volume 5, Issue 3 , Pages 107-109, 1 March 2006

Use of the Mental Health Act and common law in the general hospital

Eleanor Feldman is a Consultant Liaison Psychiatrist in Oxford, UK, and Honorary Senior Clinical Lecturer, University of Oxford. She trained at Oxford, St George's Hospital, London and Cambridge University.

Abstract 

This updates a contribution published in 2003 that aimed to give clinicians a framework for understanding the medico-legal aspects of treatment refusal in general hospital practice with respect to adults in England and Wales. The update discusses recent advice from the Mental Health Act Commission, the NICE guideline on self-harm, the Bournewood ruling by the European Court of Human Rights, and a brief consideration of some relevant changes to be brought in with the new Mental Capacity Act 2005. Issues covered by the previous paper are not repeated.

Keywords:  psychological medicine , common law , general hospital , mental capacity , Mental Health Act , treatment refusal

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PII: S1476-1793(06)70021-0

doi:10.1383/psyt.2006.5.3.107

Psychiatry
Volume 5, Issue 3 , Pages 107-109, 1 March 2006

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