General Medical Council (GMC). Good Medical Practice: Duties of Doctors. London: GMC, 2009
2.
3.
4.
Ibid.
5.
6.
PattinsonS. Medical Law and Ethics. 2nd edn.London: Sweet and Maxwell, 2009;158
7.
BrazierM, MiolaJ. Bye-bye bolam: a medical litigation revolution. Med Law Rev2000;8:85–114at 90–95
8.
Law Commission. Mental Incapacity. Law Com 231, 1995: para 1.4
9.
10.
11.
Lord Chancellor's Department. Who Decides? Making Decisions on Behalf of Mentally Incapacitated Adults. Cm 3803, 1997
12.
13.
14.
15.
16.
17.
18.
For a brief summary of the law in Scotland seeMasonJK, LaurieGT. Mason and McCall Smith's Law and Medical Ethics. 8th edn.Oxford: Oxford University Press, 2010:86. There is currently no statute on mental capacity in Northern Ireland but a Mental Capacity (Health, Welfare and Finance) Bill was announced in 2009: Northern Ireland Executive. 10 September 2009 - McGimpsey announces single bill approach for mental health: http://www.northernireland.gov.uk/news/news-dhssps/news-dhssps-september-2009/news-dhssps-10092009-mcgimpsey-announces-single.htm, last accessed 18/9/10
19.
20.
21.
22.
Department for Constitutional Affairs. Mental Capacity Act 2005 Code of Practice. London: The Stationary Office, 2007: Foreword by Lord Falconer. It should be noted that the majority of such carers are unlikely to have received any training to inform and prepare them to meet such obligations
23.
24.
25.
Department for Constitutional Affairs. Mental Capacity Act 2005 Code of Practice. London: The Stationary Office, 2007: paras 5.8–5.12. Chapter 5 deals with best interests
26.
27.
28.
29.
30.
31.
32.
33.
Burke v. GMC [2005] EWCA Civ 1003.
34.
Department of Health. Legal Issues Relating to Non-Heartbeating Organ Donation. London: DH, 2009. This document applies to England and Wales only. Also, CoggonJ, BrazierM, MurphyP, PriceD, QuigleyM. Best Interests and Potential Organ Donors. British Medical Journal2008;336:1346–1347
35.
MasonJK, LaurieGT. Mason and McCall Smith's Law and Medical Ethics. 8th edn.Oxford: Oxford University Press, 2010:82–83, reference removed
36.
British Medical Association (BMA). Assessment of Medical Capacity: A Practical Guide for Doctors and Lawyers. 3rd edn.London: BMA, 2010
37.
BMA. The Mental Capacity Act 2005: Guidance for Health Professionals. London: BMA, 2009
38.
BMA. Medical Treatment for Adults With Incapacity: Guidance on Ethical and Medico-Legal Issues in Scotland. Edinburgh: BMA, 2009
39.
BMA. Mental Capacity Tool Kit. London: BMA, 2008
40.
Department for Constitutional Affairs. Mental Capacity Act 2005 Code of Practice. London: The Stationary Office, 2007:Ch. 5
41.
General Medical Council (GMC). Consent: Patients and Doctors Making Decisions Together. London: GMC, 2008;75–79, paras
42.
DonnellyM. Best Interests, Patient Participation and the Mental Capacity Act 2005. Med Law Rev2009;17:1–29
43.
MasonJK, LaurieGT. Mason and McCall Smith's Law and Medical Ethics. 8th edn.Oxford: Oxford University Press, 2010:Ch. 4
44.
JacksonE. Medical Law: Text, Cases and Materials. 2nd edn.Oxford: Oxford University Press, 2010: Ch. 6
