Comment on Re B (Adult: Refusal of Medical Treatment) 2 All England Reports 449
Journal of Medical Ethics 2002 August; 28(4): 232-233
The judgment handed down in the case of Ms B confirms the right of the competent patient to refuse medical treatment even if the result is death. The case does, however, raise some interesting legal points. The facility for conscientious objection by doctors has not previously been explicitly recognised in case law. More importantly perhaps is that the detailed inquiry by the court into Ms B's reasons for refusing treatment, apparently as a precondition for finding her competent, seems to contradict earlier case law where it has been asserted that competent patients can refuse treatment for no reason at all.
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Medical Treatment -- Refusal of Medical Treatment -- Adult - - Refusal on Religious Grounds: Re S. (Refusal of Medical Treatment) Lloyd, Huw; Munby, James; Brown, Stephen P. (Great Britain. England. High Court of Justice. Family Division, 1992-10-23)
Rationality and the Refusal of Medical Treatment: A Critique of the Recent Approach of the English Courts Stauch, Marc (1995-06)This paper criticises the current approach of the courts to the problem of patients who refuse life-saving medical treatment. Recent judicial decisions have indicated that, so long as the patient satisfies the minimal test ...