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Date:
04 December 2006Category:
Module 4: Mental Health TribunalsQuestion:
In relation to a solicitor interviewing a patient, e.g. patient is very unwell solicitor asks patient to sign declaration giving him permission to access medical file fine;however consent is given but patient is not well enough in their state of mind how does this become legal.
Answer:
The decision regarding whether a patient lacks capacity or not is a clinical decision. Accessing a patient’s clinical file where the patient lacks capacity to sign consent for their release may then have to be decided by the mental health tribunal.