Withholding and withdrawing life-sustaining treatment in a patient's best interests: Australian judicial deliberations
Date
2014
Authors
Willmott, L.
White, B.
Smith, M.
Wilkinson, D.
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Journal article
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Medical Journal of Australia, 2014; 201(9):545-547
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Lindy Willmott, Ben White, Malcolm K Smith, Dominic J C Wilkinson
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Abstract
Intractable disputes about withholding and withdrawing life-sustaining treatment from adults who lack capacity are rare but challenging. Judicial resolution may be needed in some of these cases. A central concept for judicial (and clinical) decision making in this area is a patient's "best interests". Yet what this term means is contested. There is an emerging Supreme Court jurisprudence that sheds light on when life-sustaining treatment will, or will not, be judged to be in a patient's best interests. Treatment that is either futile or overly burdensome is not in a patient's best interests. Although courts will consider patient and family wishes, they have generally deferred to the views of medical practitioners about treatment decisions.
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