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Consent in psychiatry – an ethical review

  • Peter Lepping (a1)
Extract

The aim of this article is to give a historical overview of the concept of consent to treatment and its development – one of the most important ethical and legal issues in recent years. Through the discussion of a number of high-profile examples, it deliberates the ethical and legal aspects of consent to treatment today and their implications for psychiatrists' clinical work.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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British Medical Association (2001) Practical guide to gaining patients' consent, website toolkit cards 4 and 9. London: BMA.
British Medical Association (1995a) ‘Capacity to consent to & refuse medical treatment’. Chapter 10 of Assessment of mental capacity. London: BMA.
British Medical Association (1995b) Advanced Statements about Medical Treatment. London: BMA.
Buchanan, A. & Brock, D. (1989) Deciding for Others, pp. 5170. Cambridge: Cambridge University Press.
Beauchamp, T. & Childress, J. (2001) Principles of Biomedical Ethics, 5th edition. New York: Oxford University Press.
Berlin, I. (1969) Four Essays on Liberty, pp.117–72. Oxford: Oxford University Press.
Department of Health (2000) Reforming the Mental Health Act, Part I, The New Legal Framework. London: Department of Health.
Gelder, M., Gath, D., Mayou, R., et al (2001) Oxford Textbook of Psychiatry, 3rd edition, p. 570. Oxford: Oxford University Press.
Gelder, M., Lopez-IBOR, J. J., Andreasen, N., et al (2000) The New Oxford Textbook of Psychiatry, p.100. Oxford: Oxford University Press.
Grisso, T., Appelbaum, P. S. (1998) Assessing Competence to Consent to Treatment – A Guide for Physicians and other Health Professionals, p.11. Oxford: Oxford University Press.
Harris, J. (1985) The Value of Life, p. 208. London and New York: Taylor & Francis Inc.
House of Commons (2002) Patients without Legal Capacity (Safeguards) Bill. Amendment to the Mental Health Act 1983. London: The Stationery Office.
Jarmulowicz, M. (2000) Advance directives are not legally binding. BMJ, 321, 706.
Katz, J. (ed.) (1972) Experimentation with Human Beings. New York: Russell Sage Foundation, pp. ixx.
Röttgers, H. R. & Lepping, P. (1999) Zwangsunter bringung und –behandlung psychisch kranker ir Geroßbritannien und Deutschland (Sectioning and treatment of the psychiatrically ill in the UK and Germany). Psychiatrische Praxis, 26/99, 139142.
Royal College of Psychiatrists (2000) Good Psychiatric Practice 2000, Council Report CR83, p.1517.
Scottish Executive (2000) Adults with Incapacity Seminars, Section 5. Edinburgh: Scottish Executive Publications.
Wilks, M. (2000) Legal issues need clarification. BMJ, 312, 705.
Airedale NHS Trust v. Bland (1993) A.C. 789 (1993) 1 AII E.R. 821.
Herzegflavy v. Austria (1992) 15 EHRR 437.
Malette v. Shulman (1988) 47 ”Dominion Law Reports”, 4th, p.18.
Re C (1994) An adult: refusal of treatment. 1 W.L.R. 290; AII E.R. 819.
Re F (1990) A mental patient: sterilisation, 2 A.C.1.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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Consent in psychiatry – an ethical review

  • Peter Lepping (a1)
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