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Essay / Research Paper Abstract
This 3 page paper considers the right of an adult refuses treatment, even if this results in death. The paper starts by looking at the principle of the sanctity of life and when this may be secondary to patient wishes. Then the issue of advance directives is considered looking at what they are and when they may be legally binding. Case law is cited throughout to illustrate the points raised. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEmedconsent.rtf
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Unformatted sample text from the term paper:
as more important than any other duty. This is know as the sanctity of life principle. In usual circumstances this should have a higher priority than any other consideration. The
withholding of treatment by the doctors in this case will have an obvious outcome; the patient will die. There are no issues of consent, as the patient is well aware
of the treatment and the consequences and would meet the test laid down in the case of F v W. Berkshire HA [1989] 2 All ER 545 as elaborated in
Re MB [1997] 2 FCR 541 and Re C [1994] 1 All ER 819 even if this results in their own death. We can also reference the case of Airedale
NHS Trust v Bland [1993] 1 All ER 821 (Montgomery, 2003). It has also been recognised that there are some circumstances under which
there may be rights that override the sanctity for life principle. The personal rights of autonomy and dignity are seen as fundamental rights, these are recognised in common law, but
are also protected under Articles 3 and 8 of the Human Rights Act. When it is these issues of autonomy and personal
rights that are concerned the sanctity of life is a secondary issue and cases such as NHS Trust A v M, NHS Trust B v H [2001] Fam 348 and
also the case of Pretty v United Kingdom (2002) 35 EHRR 1 support this view (Montgomery, 2003). It is worth noting here that it is the withdrawal of treatment that
the patient is seeking, and as such, this is treated as an omission and not an action. In this instance the doctor
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