Fovargue, S. orcid.org/0000-0003-2361-4219 (2020) Anticipating issues with capacitous pregnant women: United Lincolnshire NHS Hospitals Trust v CD [2019] EWCOP 24 and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R [2020] EWCOP 4. Medical Law Review, 28 (4). pp. 781-793. ISSN 0967-0742
Abstract
In United Lincolnshire NHS Hospitals Trust v CD and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R, the Court of Protection was asked to make anticipatory and contingent declarations relating to the obstetric care and mode of delivery for currently capacitous women who were near to their due date but not yet in labour. In this case note I explore the judges’ reasoning on the legal basis for these declarations. In so doing, I consider the wider implications of employing this seemingly new addition to the Court of Protection’s armoury.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2020. Published by Oxford University Press. This is an author-produced version of a paper subsequently published in Medical Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Anticipatory and contingent declarations; autonomy; capacity; consent; Mental Capacity Act 2005; pregnancy |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 09 May 2022 10:46 |
Last Modified: | 18 Aug 2022 00:13 |
Status: | Published |
Publisher: | Oxford University Press |
Refereed: | Yes |
Identification Number: | 10.1093/medlaw/fwaa017 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:186421 |