Abstract
This paper is a response to a paper by John Coggon ‘Best Interests, Public Interest, and the Power of the Medical Profession'. It argues that certain legal judgements in relation to best interests seek to change and curtail the role of the medical profession in this arena while simultaneously extending the jurisdiction of the courts. It also argues that we must guard against replacing one professional standard, that of the medical profession, with another, that of the judiciary in this area.
Similar content being viewed by others
Notes
This was the practical effect, however, legally this proxy status had no standing [3, p. 130].
References
Bolam, v Friern Hospital Management Committee (1957) 2 All ER 118.
Brazier, M. (1992). Medicine, Patients and the Law. London: Penguin.
Brazier, M. (2003). Medicine, Patients and the Law. London: Penguin.
Brazier, M. (2007). Medicine, Patients and the Law. London: Penguin.
Coggon J. (2008) Best Interests, Public Interests, and the Power of the Medical Profession. Health Care Analysis, 16(3). doi:10.1007/s10728-008-0087-7.
F v west Berkshire Health Authority (1989) 2 All ER 545.
In the Matter of SA [2005] EWHC 2942 (Fam).
Mental Capacity Act 2005.
Montgomery, J. (2006). Law and the demoralisation of medicine. Legal Studies, 26(2), 185–210.
Re A (medical treatment: male sterilization) (2000) 1 FCR 193.
Re F (Mental Patient: Sterilisation) [1990] 2 AC 1, sub nom F v west Berkshire Health Authority (1989) 2 All ER 545 (HL n).
Re S (Adult Patient: Sterilisation) (2001) 3 Fam 15.
Re MB (an adult: medical treatment) (1997) 2 FCR 541.
T v T (1988) All ER 613.
Acknowledgements
The author would like to thank the editors and reviewers for their helpful comments on earlier drafts of this paper.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Quigley, M. Best Interests, the Power of the Medical Profession, and the Power of the Judiciary . Health Care Anal 16, 233–239 (2008). https://doi.org/10.1007/s10728-008-0085-9
Received:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10728-008-0085-9