Anticipatory refusals and the action of 'wrongful living'.
After years of debate, opinion among bioethicists and medical lawyers seems to have accepted that anticipatory refusals of medical treatment can, and furthermore should, be accorded the same legal status as contemporaneous refusals. But what would be the legal repercussions for a medic who treated an incompetent patient in contravention of such a directive? What remedies would be available to the claimant whose life had been extended contrary to his express wishes? This issue has never been explicitly addressed by the UK courts, but this paper looks at some of the conclusions and inferences we can perhaps draw from other, possible analogous areas of law. It also considers several North American cases that have addressed this issue, and asks what lessons we can learn therefrom.
Gavaghan
C
C
Faculty of Law, University of Glasgow, UK.
D024362:Advance Directive Adherence / Q000331:legislation & jurisprudence*; D002170:Canada; D005066:Euthanasia, Passive / Q000331:legislation & jurisprudence; D006801:Humans; D016365:Liability, Legal; D008020:Life Support Care / Q000331:legislation & jurisprudence; D008318:Malpractice; D010820:Physicians / Q000331:legislation & jurisprudence; D016312:Treatment Refusal / Q000331:legislation & jurisprudence*; D006113:United Kingdom; D014481:United States; D015974:Wrongful Life