Autonomy, Capacity and Consent

Module code: LW7291
Module co-ordinator: Professor José Miola

Module outline

Autonomy has become intrinsic to medical law, as patients' rights are increasingly prioritised by judges.  This modules examines the role of the principle of autonomy in relation to issues of capacity and consent frequently experiences by patients and encountered by medical professionals.  It begins by considering both the ethical basis and the legal issues in risk disclosure, and the changing legal landscape that has culminated in the recent decision of the Supreme Court in Montgomery.  It then continues by looking at capacity - again from both a ethical and legal perspective - and the Mental Capacity Act.  This will include issues such as surrogate decision-making and best interests.

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