Best Interests in the MCA 2005—What can Healthcare Law Learn from Family Law?
Health Care Analysis 16 (3):240-251 (2008)
Abstract
The ‘best interests’ standard is a highly seductive standard in English law. Not only does it appear to be fairly uncontroversial but it also presents as the most sensible, objective and ‘fair’ method of dealing with decision making on behalf of those who are perceived to be the most vulnerable within society. This article aims to provide a critical appraisal of how the standard has been applied within family law, to outline how the standard is to be applied within healthcare law and, finally, to assess the relevance of the family law experience of the best interests standard to the operation of the standards as envisaged by the MCADOI
10.1007/s10728-008-0084-x
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Citations of this work
Deciding Together? Best Interests and Shared Decision-Making in Paediatric Intensive Care.Giles Birchley - 2014 - Health Care Analysis 22 (3):203-222.
Best Interests: What Problems in Family Law Should Health Care Law Avoid? [REVIEW]Søren Holm - 2008 - Health Care Analysis 16 (3):252-254.
References found in this work
Taking the rights of parents and children seriously: Confronting the welfare principle under the Human Rights Act.Shazia Choudhry & Helen Fenwick - 2005 - Oxford Journal of Legal Studies 25 (3):453-492.
