Withholding and withdrawing life-sustaining treatment: criminal responsibility for established medical practice?
The law recognises the right of a competent adult to refuse medical treatment even if this will lead to death. Guardianship and other legislation also facilitates the making of decisions to withhold or withdraw life-sustaining treatment in certain circumstances. Despite this apparent endorsement that such decisions can be lawful, doubts have been raised in Queensland about whether decisions to withhold or withdraw life-sustaining treatment would contravene the criminal law, and particularly the duty imposed by the Criminal Code (Qld) to provide the "necessaries of life". This article considers this tension in the law and examines various arguments that might allow for such decisions to be made lawfully. It ultimately concludes, however, that criminal responsibility may still arise and so reform is needed.
White
Ben
B
Health Law Research Program, Faculty of Law, Queensland University of Technology, Brisbane, Australia. bp.white@qut.edu.au
Willmott
Lindy
L
Allen
John
J
D001315:Australia; D003416:Criminal Law; D006801:Humans; D016743:Mental Competency / Q000331:legislation & jurisprudence; D010820:Physicians / Q000331:legislation & jurisprudence; D028761:Withholding Treatment / Q000331:legislation & jurisprudence*