Healthcare Decision-Making and the Law
Autonomy, Capacity and the Limits of Liberalism

A critical evaluation of the law's engagement with the process of healthcare decision-making, and how the relationship might be enhanced.

Mary Donnelly (Author)

9780521118316, Cambridge University Press

Hardback, published 18 November 2010

344 pages
23.4 x 15.5 x 2 cm, 0.66 kg

This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

Introduction
1. Autonomy: variations on a principle
2. Autonomy in the law
3. Capacity: the gatekeeper for autonomy
4. Capacity assessment in practice
5. Autonomy, rights and decision-making for people lacking capacity
6. Treatment for a mental disorder: a case apart
Conclusion.

Subject Areas: Medical ethics & professional conduct [MBDC], Medical & healthcare law [LNTM]