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Death and the failure to assess mental capacity


Adding to a growing number of Coroners reports highlighting the deadly impact of the failure to assess mental capacity by health services is the case of Terence Talbot. On 3rd December 2021 the Mid Kent and Medway assistant coroner issued a report to prevent future deaths on Mr Talbot. It stated the care provided by both a mental health NHS Trust and an acute NHS Trust: ‘...amounted to a gross failure to provide basic medical care...’ and ‘Issues relating to capacity to make specific decisions in relation to Terence Talbot’s care and treatment were not all subjected to formal Mental Capacity Act assessments when he was refusing medical interventions that were in his best interests...’ Our full day courses on the Mental Capacity Act provide the essential foundation and skills for using the Act correctly and we hope saving future lives.


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