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Samanta & Samanta: Medical Law Concentrate 2e

Chapter 3: Key facts checklists

  • Consent is a necessary precondition for treatment of competent adults.
  • Adults with capacity can refuse even life-saving medical treatment.
  • Adults with capacity may make advance decisions to refuse treatment at a future time when they lack capacity.
  • Adults who lack capacity are given treatment in their best interests.
  • Children over the age of 16 are rebuttably presumed to be competent to decide.
  • A Gillick competent child may give consent.
  • Refusal of treatment by a Gillick competent child may be overridden.