Defining death, natural death legislation and withdrawal of treatment

This article summarises and comments on a number of legal developments (legislation and judicial precedents) in Australia and England in recent years concerned with definitions of death, and withdrawal of life-preserving treatment. The general thrust of these developments and other proposed legislation is four-fold: (i) to respond to technological advances in clinical medicine; (ii) to strengthen patient rights of autonomy and self-determination in the right to refuse treatment; (iii) to reflect a shift in dominant community attitudes and social morality, and to approximate more closely to common clinical practices, which take account of 'quality-of-life' considerations as well as 'sanctity of life' in decision-making for patients unable to express a view because of youth or impaired mental capacity; (iv) to give a greater certainty and legal guidance to clinicians, and to give legal protection to clinicians who follow certain decision-making procedures.