Foreword
Preface
Table of cases
Table of legislation
Chapter 1: Introduction
The language of mental disability
The definition of mental issues
Overview of the legislative history of reform in Ireland
Conclusion
The Organisation of the Psychiatric health and hospital services
The psychiatric services in practice - administrative arrangements
The European convention for the protection of human rights and fundmental freedoms and Irish law
Chapter 2: Primary care and admission to hospital
Introduction
The legal framework
Voluntary admissions
Patients admitted under compulsory powers
Time limits
Arrival at hospital and admission order
Rectification of recommendations for reception or eligible patient reception orders
Detention of children
Chapter 3: Treatment of patients while in hospital - informational aspects
Introduction
Patient's right to information
Access to legal information
Access to medical records
A patient's right to communicate without undue censorship
A patient's right to confidentiality and privacy
A patient's right of access to a lawyer
Chapter 4: Treatment of patients while in hospital - substantive rights
Introduction
A patient's affirmative right to treatment
Consent as the basis for psychiatric treatment
Voluntary patients and the requirement of consent
Treatment without consent
The right to refuse treatment
The hazardous nature of certain forms of treatment
The law regulating clinical trials
The legality of constraints
Powers to extend the period of detention
Maintaining high standards of care through law
The patient's right of access to the courts
Chapter 5: Departure from hospital
Introduction
The law relating to leave of absense
The law relating to transfers from one institution to another
Absconding and escaping
Discharge
Review of detention
After-care
Chapter 6: Mental health tribunals
Introduction
Membership of mental health tribunal
Powers of the mental health tribunal
The hearing
The determination of the mental health tribunal and appeals
Chapter 7: Mental disability and the criminal law
Introduction
Part A: General police powers and the person with mental disibility
Part B: Pre-trial procedures and accused with mental disibility
Part C: Issues connected with the trial
Part D: The insanity defence to a criminal charge
Key elements of the insanity defence under the MacNaghten rules
Technical elements of the insanity defence
Relationship between insanity defence and other defences
The special verdict
Part E: The special case of infanticide
Part F: The power of courts to order the treatment of offenders with mental illness generally
Part G: The prisoner with mental disability
Part H: General conclusions
Chapter 8: Issues of legal capacity in private law
Introduction
Capacity of contract
Agency relationships
Enduring powers of attorney
Incapacity of partners
Capacity to make valid deeds
Testamentary capacity
Capacity and liability in tort
Capacity and domicile
Capacity to consent to medical treatment generally
Treatment of minors with medical diability
Specific types of treatment procedures
The wards court system
Chapter 9: Legal capacity in the context of personal and family relationships
Introduction
Capacity and personal relationships
Marital capacity
Judicial separation
Divorce
The legal capacity to bear or not to bear children in Ireland
Capacity in the context of guardianship of children
Capacity in the context of adoption
Chapter 10: Legal capacity under public law
Introduction
Political and civil rights
The impact of incapacity on the judicial process
Miscellaneous public law impacts
Appendices
Bibliography
Index
| Format | |
|---|---|
| Keywords | case law, community mental health care, community mental health nursing, community mental health services, criminal law, childrens law, law, health law, nursing law, medical law, hospital law, humanitarian law, mental health, mental health education, mental health law, mental health nursing, mental health review tribunals, mental health services |
| Publisher | Johnwoods Press |
| Classification | mental health |
| ISBN | 1904480209 |
| Pages | 871 |
| Categories: | Irish Content, Books |
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