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  1. Dying Too Soon or Living Too Long? Withdrawing Treatment From Patients with Prolonged Disorders of Consciousness After Re Y.Richard Huxtable - 2019 - BMC Medical Ethics 20 (1):1-11.
    Background In the ruling in Y [2018], the UK Supreme Court has confirmed that there is no general requirement for the courts in England and Wales to authorise the withdrawal of clinically assisted nutrition and hydration from patients with prolonged disorders of consciousness. The perceived requirement, which originated in a court ruling in 1993, encompassed those in the vegetative state and those in the minimally conscious state. The ruling in Y confirms that the court may still be approached to decide (...)
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  • Mental Capacity Act Application: Social Care Settings.Michael Dunn & Anthony Holland - 2019 - In Rebecca Jacob, Michael Gunn & Anthony Holland (eds.), Mental Capacity Legislation: Principles and Practice. pp. 82-90.
    -/- Following the Mental Capacity Act (MCA) becoming law in 2005, and prior to its coming into force in 2007, there was a sustained effort to train support staff in the many social care settings where this new law was applicable. This training drive was necessary because, prior to the MCA, mental capacity law had evolved in the courts through consideration of a small number of cases that concerned serious medical treatments. These included the withdrawal of artificial nutrition and hydration (...)
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  • Protocol for a Scoping Review to Understand What is Known About How GPs Make Decisions with, for and on Behalf of Patients Who Lack Capacity.Simon Jack Ogden, Richard Huxtable & Jonathan Ives - 2020 - BMJ Open 10.
    General Practitioners (GPs) and allied healthcare professionals working in primary care are regularly required to make decisions with, for and on behalf of patients who lack capacity. In England and Wales, these decisions are made for incapacitated adult patients under the Mental Capacity Act 2005, which primarily requires that decisions are made in the patient’s ‘best interests’. Regarding children, decisions are also made in their best interests but are done so under the Children Act 1989, which places paramount importance on (...)
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  • Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK.Carol Gray & Peter Fordyce - 2020 - Animals 10.
    Medical decisions for young children are made by those with parental responsibility, with legal involvement only if the decision is potentially detrimental to the child’s welfare. While legally classified as property, some argue that animals are in a similar position to children; treatment decisions are made by their owners, posing a legal challenge only if the proposed treatment has the potential to cause harm or unnecessary suffering, as defined by animal protection legislation. This paper formulates the approach to a ‘best (...)
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  • Making Healthcare Decisions in a Person's Best Interests When They Lack Capacity: Clinical Guidance Based on a Review of Evidence.Derick T. Wade - 2019 - Clinical Rehabilitation 33.
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  • An Incomplete Inclusion of Non-Cooperators Into a Rawlsian Theory of Justice.Chong-Ming Lim - 2016 - Res Philosophica 93 (4):893-920.
    John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...)
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  • Forgoing Life-Sustaining Treatment – a Comparative Analysis of Regulations in Japan, Korea, Taiwan, and England.Miho Tanaka, Satoshi Kodama, Ilhak Lee, Richard Huxtable & Yicheng Chung - 2020 - BMC Medical Ethics 21 (1):1-15.
    Background Regulations on forgoing life-sustaining treatment have developed in Asian countries including Japan, Korea and Taiwan. However, other countries are relatively unaware of these due to the language barrier. This article aims to describe and compare the relevant regulatory frameworks, using the situation in England as a point of reference. We undertook literature reviews to ascertain the legal and regulatory positions on forgoing LST in Japan, Korea, Taiwan, and England. Main text Findings from a literature review are first presented to (...)
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  • Clinic, Courtroom or (Specialist) Committee: In the Best Interests of the Critically Ill Child?Richard Huxtable - 2018 - Journal of Medical Ethics 44 (7):471-475.
    Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this article (...)
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