Defining death, natural death legislation and withdrawal of treatment.
This article summarises and comments on a number of legal developments (legislation and judicial precedents) in Australia and England in recent years concerned with definitions of death, and withdrawal of life-preserving treatment. The general thrust of these developments and other proposed legislation is four-fold: (i) to respond to technological advances in clinical medicine; (ii) to strengthen patient rights of autonomy and self-determination in the right to refuse treatment; (iii) to reflect a shift in dominant community attitudes and social morality, and to approximate more closely to common clinical practices, which take account of 'quality-of-life' considerations as well as 'sanctity of life' in decision-making for patients unable to express a view because of youth or impaired mental capacity; (iv) to give a greater certainty and legal guidance to clinicians, and to give legal protection to clinicians who follow certain decision-making procedures.
School of Health Services Management, University of New South Wales.
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Bates
D000328:Adult; D001315:Australia; D001926:Brain Death / Q000331:legislation & jurisprudence; D002648:Child; D003657:Decision Making; D004739:England; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007872:Legal Guardians / Q000331:legislation & jurisprudence; D008020:Life Support Care / Q000331:legislation & jurisprudence*; D008962:Models, Theoretical; D011788:Quality of Life; D013727:Terminal Care / Q000331:legislation & jurisprudence*; D016312:Treatment Refusal