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Published on: November 26, 2015
Autonomy and the competent patient's right to refuse life-prolonging medical treatment--again
1Faculty of Law, University of Auckland, Private Bag 92019, Auckland, New Zealand. j.manning@auckland.ac.nz
Abstract:
This article discusses the recent decision of the Court of Appeal of the United Kingdom in Re B (Adult: Refusal of Medical Treatment) [2002] 2 All ER 449, which confirmed the common law right of a competent patient to refuse medical treatment, even though exercise of the right would (and later did) result in the patient's own death. Re B indicates that if a competent refusal is not respected, health professionals and hospitals face the prospect of awards of damages being made against them for unlawful trespass.
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