Blurring Clinical and Best Interests Decisions: Townsend v Epsom and St Helier University Hospitals NHS Trust
Healthcare decision‐making under the Mental Capacity Act 2005 (MCA 2005) has long been understood as comprising two distinct, sequential decisions. First, a clinical decision about what treatment options are available. Second, a best interests decision about which (if any) of these options to proceed with. This h...