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

Phull, Jaspreet; Bartlett, Peter

Authors

Jaspreet Phull jsphull@yahoo.com

PETER BARTLETT peter.bartlett@nottingham.ac.uk
Nottingham Healthcare Nhs Trust Professor of Mental Health Law



Abstract

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.

Citation

Phull, J., & Bartlett, P. (2012). ‘Appropriate’ medical treatment: what’s in a word?. Medicine, Science and the Law, doi:10.1258/msl.2011.011023

Journal Article Type Article
Publication Date Jan 19, 2012
Deposit Date Aug 21, 2012
Publicly Available Date Aug 21, 2012
Journal Medicine, Science and the Law
Print ISSN 0025-8024
Electronic ISSN 0025-8024
Publisher SAGE Publications (UK and US)
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1258/msl.2011.011023
Keywords appropriate medical treatment
Mental Health Act 1983
Public URL http://eprints.nottingham.ac.uk/id/eprint/1662
Publisher URL http://msl.rsmjournals.com/content/early/2012/01/18/msl.2011.011023
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf
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

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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