‘Appropriate’ medical treatment: what’s in a word?

Phull, Jaspreet and Bartlett, Peter (2012) ‘Appropriate’ medical treatment: what’s in a word? Medicine, Science and the Law . ISSN 0025-8024

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Official URL: http://msl.rsmjournals.com/content/early/2012/01/18/msl.2011.011023


Following the amendments in the 2007 Act, there were several revisions made focusing largely on community treatment orders and deprivation of liberty of persons lacking capacity. One of the amendments included a requirement that ‘appropriate treatment’ be ‘available’ for compulsion to be imposed in a variety of contexts, most notably admission for treatment under section 3. The definition of appropriate medical treatment within the Act appears largely circular, and therefore of little assistance. The Code of Practice provides some guidance but does little to add to the statutory language. In terms of jurisprudence, there are three reported cases concerning the provision. These cases are analysed and their significance is discussed in an attempt to formulate a clearer definition for appropriate medical treatment.

Item Type:Article
Additional Information:This is the final draft, after peer-review, of a manuscript published in Medicine, Science and the Law, an RSM journal: www.rsmpress.com. Document reference: doi: 10.1258/msl.2011.011023
Uncontrolled Keywords:appropriate medical treatment Mental Health Act 1983
Schools/Departments:Faculty of Social Sciences, Law and Education > School of Law
ID Code:1662
Deposited By:Bartlett, Peter
Deposited On:21 Aug 2012 10:46
Last Modified:21 Aug 2012 10:46

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