Citation

Curnow K. J. Law Med. 2014; 22(2): 398-414.

Copyright

(Copyright © 2014, Thompson - LBC Information Services)

DOI

unavailable

PMID

unavailable

Abstract

There has been limited examination of the Australian common law position regarding contemporaneous refusals of care or medical treatment by competent adults since the first two Australian cases to adjudicate on refusals of this type: H Ltd v J and Brightwater Care Group (Inc) v Rossiter. This article maps the legal position in Australia in light of the two cases with particular emphasis on the finding in H Ltd v J that self-starvation is not suicide at common law. Finally, this article highlights the broader relevance of this area of the law and its capacity to inform debates as disparate as whether to legalise voluntary euthanasia and the possible implications for the autonomy of pregnant women of proposed laws giving legal status to fetuses (particularly Zoe's Law).

Language: en

Keywords

Humans; Female; Australia; human; female; Pregnancy; Informed Consent; Personal Autonomy; pregnancy; informed consent; legal aspect; personal autonomy; treatment refusal; Treatment Refusal; personhood; Personhood; legislation and jurisprudence; fetal well being; Fetal Viability