Citation

Lanham D. Crim. Law J. 1990; 14(6): 401-430.

Copyright

(Copyright © 1990, Law Book Company)

DOI

unavailable

PMID

15999437

Abstract

Advances in medical science have done much to improve the quality of life but in some cases medical treatment may result in the prolonging of death rather than the enhancement of life. Patients may wish to refuse or withdraw from medical treatment even though they realise that this will lead to an early death. Medical attendants may, however, see it as their legal or ethical duty to impose medical treatment in the interest of preserving life. At a broad level two crucial interests come into headlong conflict--the patient's right to self-determination and society's interest in the preservation of human life. In this article the legal principles which are invoked to resolve this conflict both at common law and under recent Victorian legislation, the Medical Treatment Act 1988, are discussed and the thesis advanced that, in relation to competent patients, the law favours the right to self-determination.

Language: en

Keywords

Australia; Death and Euthanasia; Euthanasia, Passive; Humans; Legal Approach; Legislation, Medical; Liability, Legal; Medical Treatment Act 1988 (Victoria); Palliative Care; Right to Die; Suicide Prevention; Treatment Refusal; United States; Value of Life