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22 - Withholding or withdrawing treatment in the seriously or terminally ill

Kerry J. Breen
Affiliation:
National Health and Medical Research Council
Stephen M. Cordner
Affiliation:
Monash University, Victoria
Colin J. H. Thomson
Affiliation:
University of Wollongong, New South Wales
Vernon D. Plueckhahn
Affiliation:
Monash University, Victoria
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Summary

The capacity to save lives through advances in treatments, especially the use of intensive care and life-support systems, is one of the ‘miracles of modern medicine’. However, these advances have created ethical and legal questions for the medical profession, legislators, the courts and the community. Some of these questions have been resolved by new legislation, for example the redefining of death to include brain death and the separate laws that give force to advance care directives. Other questions have been addressed by new ethical guidelines, for example in regard to the care of patients in post-coma unresponsiveness (previously known as the ‘vegetative state’). Further questions continue to confront the community, for example the ongoing debate about euthanasia. This chapter outlines the law and the professional and legal responsibilities of doctors in these areas, but does not enter into the wider social, ethical and philosophical debate surrounding euthanasia.

TREATMENT DECISIONS FOR NEWBORN INFANTS

Technological advances have created ethical dilemmas for parents and for doctors caring for extremely premature or severely malformed newborn infants [1–2]. In 1986 in F v F in the Supreme Court of Victoria, Mr Justice Vincent observed:

No parent, no doctor, no court, has any power to determine that the life of any child, however disabled that child may be, will be deliberately taken from it.

However, the law does recognise the responsibilities of parents, in conjunction with treating doctors, to decide whether medical intervention will commence or continue.

Type
Chapter
Information
Good Medical Practice
Professionalism, Ethics and Law
, pp. 331 - 343
Publisher: Cambridge University Press
Print publication year: 2010

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References

Yu, VY. Selective non-treatment of newborn infants. Med J Aust 1994; 161: 627–9.Google ScholarPubMed
Yu, VY. The extremely low birth weight infant: ethical issues in treatment. Aust Paediatr J 1987; 23: 97–103.Google ScholarPubMed
Re, F; F v F. Vincent, J. Unreported, Supreme Court of Victoria, 2 July 1986.
Tibballs, J. Legal basis for ethical withholding and withdrawing life-sustaining medical treatment from infants and children. J Paediatr Child Health 2007; 43: 230–6.CrossRefGoogle ScholarPubMed
Johnson, , Thompson, TR, Aroska, M, Crawford, RE. ‘Baby Doe’ rules. There are alternatives. Am J Dis Child 1984; 138: 523–9.CrossRefGoogle ScholarPubMed
Skene, L.Law and Medical Practice. 3rd edn. LexisNexis ButterworthsAustralia, 2008, pp. 346–62.Google Scholar
Gardner; re BWV (2003) VSC 173.
,New South Wales Health Department, 2004. Using Advance Care Directives. http://www.health.nsw.gov.au/policies/gl/2005/GL2005_056.html
Taylor, D, Cameron, P. Advance care planning in Australia: overdue for improvement. Internal Med Journal 2002; 32: 475–80.CrossRefGoogle Scholar
Biegler, P, Stewart, C, Savulescu, J, Skene, L. Determining the validity of advance directives. Med J Aust 2000; 172: 545–8.Google ScholarPubMed
Fazel, S et al. Assessment of competence to complete advance directives: validation of a patient-centred approach. BMJ 1999; 318: 493–7.CrossRefGoogle ScholarPubMed
,National Health and Medical Research Council. Post-coma Unresponsiveness (Vegetative State): A Clinical Framework for Diagnosis. NHMRC, 2003. http://www.nhmrc.gov.au/publications/synopses/hpr23syn.htm
,National Health and Medical Research Council. Ethical Guidelines for the Care of People in Post-coma Unresponsiveness (Vegetative State) or a Minimally Responsive State. NHMRC, 2008. http://www.nhmrc.gov.au/publications/synopses/e81_82syn.htm
,Northridge v Central Sydney Area Health Service (2000) NSWLR 1241.
Lord, Mustill. Airedale NHS Trust v Bland (1993) AC 789.
Sidhu, NS, Dunkley, ME, Egan, MJ. ‘Not-for-resuscitation’ orders in Australian public hospitals: policies, standardised order forms and patient information leaflets. Med J Aust 2007; 186: 72–5.Google ScholarPubMed
Kerridge, IH, Mitchell, KR, Myser, C. Guidelines for no-CPR orders. Med J Aust 1994; 161: 270–2.Google ScholarPubMed
Eburn, M. Withdrawing and refusing emergency resuscitation. J Law Med 1994; 2: 131–46.Google Scholar
World Medical Association Declaration on Euthanasia. http://www.wma.net/e/policy/e13.htm
World Medical Association Statement on Physician-Assisted Suicide. Adopted 1992, revised 2005. http://www.wma.net/e/policy/p13.htm
AMA Position Statement on the Role of the Medical Practitioner in End of Life Care, 2007. http://www.ama.com.au/node/2803
Sommerville, A. Changes in BMA policy on assisted dying. BMJ 2005; 331: 686–8.CrossRefGoogle ScholarPubMed
Seale, C. Legalisation of euthanasia or physician-assisted suicide: survey of doctors' attitudes. Palliative Medicine 2009; 23: 205–12.CrossRefGoogle ScholarPubMed
Skene, L.Law and Medical Practice. 3rd edn. LexisNexis ButterworthsAustralia, 2008, pp. 303–6.Google Scholar
Heide, A, Onwuteaka-Philipsen, BD, Rurup, ML, et al. End-of-life practices in the Netherlands under the Euthanasia Act. NEJM 2007; 356: 1957–65.CrossRefGoogle ScholarPubMed
Dworkin, R. Life's Dominion: An Argument About Abortion and Euthanasia. Harper Collins, London, 1993.Google Scholar
Gillon, R. Philosophical Medical Ethics. Wiley, Chichester, 1985, p. 44.Google ScholarPubMed
Gormally, L (ed). Euthanasia, Clinical Practice and the Law. Linacre Centre, London, 1994.
Harris, J.The Value of Life: An Introduction to Medical Ethics. Routledge & Kegan Paul, London, 1985, p. 22.Google Scholar
,House of Lords. Report of the Select Committee on Medical Ethics, HL Paper 21–1. HMSO, London, 1994.
Kerridge, I, Lowe, M, McPhee, J. Ethics and Law for the Health Professions. 2nd edn. Federation Press, Annandale, NSW, 2005.Google Scholar
O'Rourke, KD, Boyle, P. Medical Ethics: Sources of Catholic Teachings. 2nd edn. Georgetown University Press, Washington DC, 1993.Google Scholar
Parsons, I, Newell, C. Managing Mortality. Euthanasia on Trial. Villamanta Publishing Service, Geelong, 1996.Google Scholar
Rachels, J. The End of Life: Euthanasia and Morality. Oxford University Press, New York, 1986.Google Scholar
,Royal Australasian College of Physicians. Ethics: Voluntary Euthanasia. Issues Involved in the Case For and Against. Royal Australasian College of Physicians, Sydney, 1993.Google Scholar
Skegg, PDG. Law, Ethics and Medicine. Clarendon Press, Oxford, 1988.Google Scholar
Skene, L.Law and Medical Practice. 3rd edn. LexisNexis Butterworths, Australia, 2008.Google Scholar

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