Omissions and refusal of treatment/assistance Sample Clauses

Omissions and refusal of treatment/assistance. A physician has a legal obligation to her patient to provide treatment that is in the latter’s best interests. However, if physician A provides medical treatment to B without the latter’s valid consent, A may incur both tortious and criminal liability, regardless of 117 Instan [1893] 1 QB 450 (CA Crim) (niece toward aunt); Xxxxxxx (Xxxxxx) (1919) 13 Cr App R 134 (CA Crim) (father and mistress toward former’s daughter); Xxxxx (Xxxx Xxxxxx) [1977] QB 354 (CA) (brother toward sister). 118 Xxxxxxx v Chelsea and Kensington Hospital Management Committtee [1969] 1 QB 428 (QB) 436 (Xxxxx J); Xxxxxxx (Xxxx Xxxxx) [1995] 1 AC 171 (HL). 119 Xxxxx (n 2). 120 Xxxxxxxx (n 3) 23. 121 Instan (n 117); Xxxxx (n 117); Xxxxxx (Xxxxx) [2002] EWCA Crim 1944; xx Xxxxx (Gemma) [2009] EWCA Crim 650 [36] (Lord Judge LCJ). 122 Stone ibid 363. 123 Xxxxx (n 121) [31] (Lord Judge LCJ). This appears to be an extension of the rule in Xxxxxx (Xxxxx) [1983] 2 AC 161 (HL). whether the intervention was, objectively, in the patient’s best interests.124 As Xxxx Xxxxxx-Xxxxxxxxx stated in Airedale NHS Trust v Xxxxx: Any treatment given by a doctor to a patient which is invasive (ie, involves any interference with the physical integrity of the patient) is unlawful unless done with the consent of the patient: it constitutes the crime of battery and the tort of trespass to the person…125 In Aintree University Hospitals NHS Foundation Trust v Xxxxx, Xxxxxxxx Xxxx observed: Generally it is the patient’s consent which makes invasive medical treatment lawful. It is not lawful to treat a patient who has capacity and refuses that treatment. Nor is it lawful to treat a patient who lacks capacity if he has made a valid and applicable advance decision to refuse it… Nor is it lawful to treat such a patient if he has granted a lasting power of attorney… with the power to give or withhold consent to that treatment and that consent is withheld; but an attorney only has power to give or withhold consent to the carrying out or continuation of life-sustaining treatment if the instrument expressly so provides…126 Provided that an individual’s decision is valid,127 in principle she (or a suitably empowered attorney) possesses an unqualified right to refuse medical treatment ‘even if on any objective view it is contrary to his best interests… even if it is plain to all, including the patient, that adverse consequences and even death will or may ensue’.128 Indeed, the right to refuse treatment trumps the State’s inte...
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