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:
REFUSAL OF TREATMENT
LAW
Airedale NHS Trust v Bland – competent person can refuse treatment even if this means they’ll die
St George’s v S – woman entitled to refuse treatment even though meant death to her unborn child too
OPENING POINTS
Law recognises patient’s right to refuse treatment, but questions about capacity have been used as a means to subvert this right
ETHICAL POINTS
Herring – is refusing necessary medical treatment tantamount to suicide – link to doctrine of double effect
David Shaw – current law is based on an illogical distinction: euthanasia is not permitted but patients entitled to reject life-support
Gorsuch – provides example of a patient who refuses blood transfusion for religious reasons
PATIENTS SHOULDN’T BE ALLOWED TO REFUSE TREATMENT
Mason and Laurie – say how St George’s emphasizes how law should be able to override competent patients refusal of medical treatment, as otherwise there is too much heed to cult of self-determination’
USE OF DISABILITY TO GET AROUND IT
St George’s v A (CA) – woman at 35 weeks pregnant told she needed a caesarean but demanded the baby be born naturally, even though risk to baby and mother as a result. This was because she didn’t believe in medical intervention in pregnancy. Hospital detained woman under s.2 Mental Health Act 1983, as her decision seemed so irrational it raised questions about her competency! Declaration was given that the caesarean was permissible, however, after the birth judicial review held that this was unlawful. Her depression was not a mental condition of the kind required by the Mental Health Act CONTRAST
Re MB (An Adult: Medical Treatment) (CA) – 40 weeks pregnant woman refused caesarian section because she had a phobia of needles so couldn’t consent to anaesthesia. Her life...
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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