BCL Law Notes Medical Law and Ethics Notes
A guide to some of the key topics in the BCL course on Medical Law and Ethics.
This features numerous academic positions, case summaries, arguments and up-to-date statistics pertinent to some of the substantial topics in this module (eg. abortion, autonomy, medical negligence)...
The following is a more accessible plain text extract of the PDF sample above, taken from our Medical Law and Ethics Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
FOR/AGAINST EUTHANASIA & ASSISTED SUICIDE
OPENING
Price (2009) – 18,000 patients in Britain medically assisted to die a year
Seale (2006)
63% deaths in England involved an ‘end of life decision’ by a medical practitioner.
32.8% involves a medical professional intervening to alleviate pain or undesirable symptoms with potentially life-shortening effect
30.3% were cases where potentially life-saving treatment was not given
0.16% euthanasia with patients request and
0.33% euthanasia without the patient’s consent
CURRENT LAW
ASSISTED SUICIDE = ILLEGAL
S.2(1) Suicide Act 1961 makes assisted suicide illegal. But, by virtue of section 2(4) no prosecution can be instituted without the consent of DPP
EUTHANASIA = MURDER
R (Nicklinson) v MOJ [2013]
CA confirmed that euthanasia (including voluntary euthanasia) was murder. The defence of necessity could never be extended to cover the situation
It’s for Parliament to decide otherwise
three cases brought before CA involving men seriously disabled condition, the most famous being Tony Nicklinson, who had ‘locked-in syndrome’
Current law upholds Art 2 ECHR right to life
SUICIDE AND ATTEMPTED SUICIDE ARE LEGAL
DEFINITIONS
These definitions from NHS Choices Online (2014)
EUTHANASIA
Huxtable says that there are a number of different definitions. Euthanasia translates to ‘good death’. NHS Choices online says ‘it is the act of deliberately ending a person’s life to relieve suffering’.
It can be divided into three forms:
Voluntary euthanasia – Behaviour which caused the patient’s death at the patient’s request
Non-voluntary euthanasia – Behaviour which causes euthanasia without the consent or objection of the patient (where they are unable to consent)
Involuntary euthanasia – where a competent patient has not expressly consented to die (Biggs just regards this as murder)
ASSISTED SUICIDE
This is the act of deliberately assisting or encouraging another person to commit suicide (or attempt it)
SUICIDE AND ATTEMPTED SUICIDE ARE LEGAL
HOW IT WORKS IN REALITY
BMA (1996) – 22 our of 750 doctors have admitted to ending a patient’s life
It goes on all the time
ASSISTED DYING BILL
Lord Falconer’s Bill will have second reading in HoL on 18 July 2014
YouGov poll found that 76% adults support the Bill
The Bill will
provide safeguarded choice and control to terminally ill adults as to how they die
that terminally ill adults have explored all alternatives
legalese assisted suicide for people who are not dying (ie. disabled people or older people)
Legalise voluntary euthanasia where doctor administers life-ending medication. Under the Assisted Dying Bill the person choosing to end their life would take the final action to end their life, by taking prescribed life-ending medication
The Bill only applies to those people with mental capacity both at the time of their request and at the time of their death
CRUELTY ARGUMENT
We put down animals as it’s considered cruel to let them suffer with pain, why not extend this courtesy to humans? BUT
Bachelard – rejects this analogy on the basis that human fellowship and impact of death on others justifies distinguishing the deaths of humans and animals CONTRAST
Harris – he says that when humans lose those qualities which make them different from animals, such as consciousness and interactive abilities, why then are they still denied this right to die PLUS
UNDERMINES PALLIATIVE CARE
palliative care is available for humans, unlike animals
Magnusson – euthanasia would reduce this
This is multidisciplinary medical care that’s focused on relieving patients’ pain, monitoring their spiritual care and being considerate for patients’ family
Moveland and Rae – pain can be managed to endurable levels and where it is utterly unbearable always sedation
Zyic – palliative care is limited in The Netherlands, which may be linked to euthanasia being permissable
DOCTOR-PATIENT RELATIONSHIP
BMA (2009) – euthanasia may undermine doctors’ healing role FOR EXAMPLE
Zeigler (2009) – in Switzerland, where assisted suicide is permitted in certain circumstances, doctors play a minor role – it’s normally handled by private clinics
Price – fear amongst doctors in England that they will become agents of patients if it’s legalized HOWEVER
R(Burke) v GMC – established that a patient can’t demand that a doctor treat them in a way which is harmful – so doctor is not subordinate to patient (ie. consumerist relationship Morgan’s four models)
Hoffenberg – where a doctor decides to end a patient’s life, they are doing so not based on a moral decision, but out of an extension of their duty of care
PRAGMATIC: AVOID ARTIFICIAL AND INCONSISTENT DISTINCTIONS IN THE LAW
Williams – present law on euthanasia is illogical and unsupportable based on the following
ACTS/OMISSIONS
Omissions: a doctor has a duty to act unless the patient refuses consent or it’s not in the patients best interests (Bland) (ie. omissions are fine if in patient’s best interest)
This relates to causation, so omission doesn’t cause death, the underlying medical condition does BUT
Jackson – it’s an artificial distinction, more important is whether doctor thinks patient’s life should be artificially prolonged
James Rachels – ‘The doctrine that says that a baby may be allowed to dehydrate and wither, but may not be given an injection that would end his life without suffering, seems so patently cruel as to require no further refutation’
Beauchamp and Childress – say that this concept is so confusing it is not useful as a practical guide
Deep sedation: put patient in coma for pain-relief, then remove hydration – technically this is an omission – shows how the distinction can be manipulated
INTENTION/FORESIGHT
Bland – Lord Goff
confirmed it’s illegal for a doctor to administer a drug to his patient to bring about his death, even if prompted by the humanitarian desire to end suffering. YET
doctor can administer lawfully pain-relieving drugs if in patients best...
Buy the full version of these notes or essay plans and more in our Medical Law and Ethics Notes.
A guide to some of the key topics in the BCL course on Medical Law and Ethics.
This features numerous academic positions, case summaries, arguments and up-to-date statistics pertinent to some of the substantial topics in this module (eg. abortion, autonomy, medical negligence)...
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