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Permanent vegetative state: the legal position.

Sheila A M McLean1

  • 1School of Law, University of Glasgow, UK. S.A.M.McLean@law.gla.ac.uk

Neuropsychological Rehabilitation
|December 15, 2005
PubMed
Summary

This review examines legal decisions regarding assisted nutrition and hydration for patients in a permanent vegetative state (pVS). It highlights the reliance on clinical judgment and questions the ethical basis for withdrawing life-sustaining treatment.

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Area of Science:

  • Medical Ethics
  • Legal Medicine
  • Bioethics

Background:

  • The increasing complexity of medical interventions presents significant ethical and legal challenges.
  • Patients in a permanent vegetative state (pVS) pose unique dilemmas regarding end-of-life care decisions.

Purpose of the Study:

  • To review the current legal standing on assisted nutrition and hydration for adults in a permanent vegetative state.
  • To analyze the judicial tools used in decisions to prolong or withdraw life-sustaining treatment.
  • To evaluate the impact of the Human Rights Act 1998 on these legal considerations.

Main Methods:

  • Review of legal precedents and judicial decision-making processes.
  • Analysis of diagnostic guidelines from the Royal College of Physicians (RCP).
  • Consideration of the Human Rights Act 1998's influence on patient rights and legal interpretations.

Main Results:

  • The current legal position heavily relies on clinical judgment, even when diagnostic criteria are uncertain.
  • Judicial tools for withdrawing assisted nutrition and hydration are critically examined.
  • The article questions whether such withdrawals constitute assisted death and challenges their justification for overriding the sanctity of life principle.

Conclusions:

  • The legal framework for patients in a permanent vegetative state is predominantly shaped by clinical assessments.
  • There are arguable weaknesses in the legal basis for decisions to withdraw life-sustaining treatment.
  • The ethical implications of these decisions, particularly concerning the sanctity of life, require further scrutiny.

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