Medical Law Matters

In this episode, Rob Tobin is joined by colleagues, partner Dan Freeman and legal director Indi Kaur, to discuss how proceedings for an urgent Serious Medical Treatment case typically unfold, using a case study to illustrate key stages of the process.

In this episode of Medical Law Matters, Rob Tobin is joined by two distinguished guests to explore the issue of mental capacity in the context of medical treatment decisions. Together, they unpack how capacity is assessed in practice and interrogate the deeper ethical questions surrounding autonomy, choice, and decision-making.Guest Speakers:Dr Ty Glover – Consultant Psychiatrist in Eating Disorders With over 20 years of experience in the field of eating disorders, Ty also works as an independent medico-legal expert, regularly giving evidence in the Court of Protection. His insight bridges clinical practice and legal processes, particularly around complex psychiatric presentations where capacity is in doubt.Professor Richard Holton – Professor of Philosophy, University of Cambridge Richard specialises in moral philosophy and the philosophy of mind, with a particular focus on the boundaries of personal control and agency. His academic work spans addiction, autonomy, and decision-making, offering a philosophical lens through which to view how we understand – and sometimes might misunderstand – mental capacity.What you'll learn in this episode: How clinicians evaluate whether someone has the capacity to make medical decisions The legal implications of those assessments in healthcare settings How philosophical ideas of autonomy and control relate to real-world cases Why the concept of mental capacity is more nuanced than it may first appear

In this episode, we delve into the complex intersection of medical law and eating disorders, joined by Dr Anna Conway-Morris, Consultant Psychiatrist at the Adult Eating Disorder Service at Cambridgeshire and Peterborough NHS Foundation Trust. Listen as we explore: Capacity and patient autonomy: Understanding how eating disorders impact a patient's ability to make informed decisions about treatment. Legal frameworks: The use of the Mental Health Act and Mental Capacity Act in managing treatment and care. Early intervention: The importance of timely diagnosis and the FREED programme’s success in improving outcomes. The role of the ‘nearest relative’: Examining the legal and emotional challenges faced by families. Innovative treatment approaches: Insights into community-based care and reducing hospital admissions. Anna shares real-life experiences and challenges in treating eating disorders while ensuring patients retain as much autonomy as possible.Sensitivity warning: This episode discusses eating disorders and related treatments, which may be distressing to some listeners. Listener discretion is advised.Resources: FREED Early Intervention Programme Family-Based Approach Royal College of Psychiatrists eating disorder info BEAT eating disorder

Welcome to episode 1 and the launch of our Medical Law Matters podcast.As the first in a two-part series on advance care planning, Partner and Head of UK Medical Law Rob Tobin speaks to Dr Zoe Fritz, Consultant Physician at Addenbrooke’s Hospital and Wellcome Fellow in Society and Ethics, University of Cambridge.Rob and Zoe discuss: What is advance care planning? Patient autonomy and choice Clinician/patient conversations Shared decision making and the importance of involving relatives Treating a patient in their ‘best interests’ Lasting Power of Attorney (LPA) Advance Decision to Refuse Treatment (ADRT)