Incapable patients and the lawBMJ 2006; 332 doi: https://doi.org/10.1136/bmj.332.7535.237-b (Published 26 January 2006) Cite this as: BMJ 2006;332:237
- David W Hewitt, partner (firstname.lastname@example.org)
- Hempsons Solicitors, Manchester M1 3LF
Editor—Stewart writes that patients with dementia can be judged to be lacking capacity by a single medical opinion and transferred to an institutional facility “in their best interests,” with little chance of being able to leave and little or no access to appeal. 1 The law says that shouldn't happen, and in time, there will be legislation to prevent it.
In the Bournewood case, the European Court …