Decisions about medical treatment can be controversial and fraught at the best of times, and it does not help if the legal framework is not well understood by the clinicians, patients and family involved.
This book, published by Law Brief Publishing, provides a clear and, above all, practical guide to the law as it really works, from identifying the options available (including allocation of resources in a pandemic), to resolving disputes, including applications to court, covering adults who can consent, best interest decisions for those who are not able to, and dealing with cases about children.
It contains practical guidance on preparing and giving evidence for court, and a glossary to explain the legal system and legal terms, as it is written to be accessible not only for lawyers but also for clinicians, patients and anyone concerned about them.
About the author
Ben Troke is a solicitor and a mediator with 20 years’ experience working in health and social care, acting for the NHS and private sector providers all over the country. He joined Hill Dickinson in May 2020. His particular interest is in decisions about medical treatment and he regularly deals with urgent applications to court in emergency situations. Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust. Ben has recently been appointed to the Law Society’s Mental Health and Disability Committee.
Demystifying the law is Ben’s passion and he regularly speaks at conferences and provides training, in person and online. Ben is a partner in the healthcare team at Hill Dickinson solicitors.
Testimonials and reviews
‘Ben Troke … succeeds triumphantly in his goal, in a book which is accessible, accurate, timely (including discussion of COVID-19), personal (in the right way), and even in places surprisingly funny.’ Alex Ruck Keene, Barrister, 39 Essex Chambers
‘This informative, accessible book is much needed by clinicians, who will welcome its breadth, legal accuracy and clarity.’ Rachel Griffiths MBE, Mental capacity and human rights consultant
‘A thoroughly helpful book outlining how complex law should work in practice. The author’s knowledge, experience and passion shines through resulting in a ‘law book’ that is easier than the norm to read. This book should be top of the reading list of anyone working or wishing to work in this field.’ Sam Cox, Alzheimer’s Society (Knowledge Officer – Legal and Welfare Rights)
‘The decisions that people make about medical treatment – whether for themselves or others – are always very personal and often very profound in their nature and impact. These decisions are made in a context of legal rules that, in turn, are influenced by ethics. Ben Troke brings this context alive in this carefully crafted and insightful guide. Whilst written principally for medical lawyers and clinicians, it is a very worthwhile purchase for anyone with an interest in medical treatment decisions.’ Dr Austen Garwood-Gowers, Associate Professor in Medical Law, Nottingham Law School