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A patient with a history of mental health problems goes to his/her GP claiming depression. However, because the patient does not appear to act in the expected manner, the GP refuses time off.

This is contrary to the Mental Capacity Act of 2005 that requires (3) A lack of capacity cannot be established merely by reference to— (a) a person’s age or appearance, or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

It turns out that the patient does have some serious problems and suffers at work.

Can the patient take the GP to court because the GP broke the 2005 Act and, if so, is there a time limit that must be observed? If not, what recourse to action would he/she have?

jim
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1 Answers1

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How is the Mental Health Act relevant?

It sets out the law relating to removing a person’s decision making ability over their own life and placing it in the hands of a guardian and, possibly, confine them to an institution against their will. The question is not whether a person is mentally ill, it’s whether that illness prevents them from making decisions about their life.

Dale M
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