title: Deciding about life-support: a perspective on the ethical and legal framework in the United Kingdom and Australia.
abstract: This article is concerned with the legal right of health service providers to decide whether to provide life-prolonging treatment to patients. In particular, an examination of recent decisions by the English Court of Appeal in R (Burke) v General Medical Council (Official Solicitor and Others Intervening) [2005] EWCA Civ 1003 and the European Court of Human Rights in Burke v United Kingdom (unreported, ECHR, No 19807/06, 11 July 2006) is provided. An analysis of Australian case law is undertaken together with a consideration of the limits of a patient's legal right of autonomy in relation to choosing life-prolonging medical treatment; the basis upon which such treatment can be legally withdrawn or withheld from an incompetent patient against the patient's earlier expressed wishes that it should be continued or initiated; the concept in ethics and law of a patient's best interests; and the role of courts in adjudicating disputes about the continuation of treatment in light of the recent decisions.
authors.affiliation: Research Directorate, Southern Health, 246 Clayton Rd, Clayton, Vic 3168, Australia.
authors.forename: Malar
authors.initials: M
authors.lastname: Thiagarajan
authors.forename: Julian
authors.initials: J
authors.lastname: Savulescu
authors.forename: Loane
authors.initials: L
authors.lastname: Skene
mesh_terms: D001315:Australia; D006801:Humans; D008020:Life Support Care / Q000941:ethics* / Q000331:legislation & jurisprudence*; D006113:United Kingdom