Ethics-Governance: Article: eMJA: Biegler et al, Determining the validity of advance directives

Ethics & Governance - Resources and Articles

Articles indexes: a \| b \| c \| d \| e \| f \| g \| h \| i \| j \| k \| l \| m \| n \| o \| p \| q \| r \| s \| t \| u \| v \| w \| x \| y \| z \| other

Article - Abstract. To view full article click on the article title.
eMJA: Biegler et al, Determining the validity of advance directives Medicine And The Law. Determining the validity of advance directives Paul Biegler, Cameron Stewart, Julian Savulescu and Loane Skene MJA 2000; 172: 545-548 We examine the ethical principles underpinning advance directives (ADs) and the legal duties of doctors in determining their validity. A physician attending an incompetent patient with an acute life-threatening illness, and an AD refusing treatment, should ensure that the AD is legally valid before making the treatment decision. Treatment against a patient's wishes, as expressed in a valid AD, compromises patient autonomy and may constitute battery. Conversely, withholding treatment in accordance with an AD that is not legally valid risks substantial harm to the patient and may constitute breach of the duty of care and negligence. Legally valid directives should be respected. If an AD is not legally valid, the patient should be treated in his or her best interests. If uncertain, the physician should treat according to the patient's best interests while seeking legal advice. An advance directive (AD) is a statement by a competent person expressing the intention to refuse medical treatment in the future, at a time when he or she may no longer be competent to make a treatment decision.1 ADs have arisen in the context of an increasing need to respect and promote patient autonomy.2 They have received widespread international support and, in the United States, ADs now have a statutory basis in all 50 States.3 Three Australian States (Victoria, South Australia and Queensland) and two Territories (the Northern Territory and the Australian Capital Territory) now have legislation which provides for ADs (Box 1). Full Article: http://www.mja.com.au/public/issues/172_11_050600/biegler/biegler.html


2006 Ethics-Governance.com