Literature DB >> 9451606

Causing death or allowing to die? Developments in the law.

P R Ferguson1.   

Abstract

Several cases which have been considered by the courts in recent years have highlighted the legal dilemmas facing doctors whose decisions result in the ending of a patient's life. This paper considers the case of Dr Cox, who was convicted of attempting to murder one of his patients, and explores the roles of motive, diminished responsibility and consent in cases of "mercy killing". The Cox decision is compared to that of Tony Bland and Janet Johnstone, in which the patients were in a persistent vegetative state. In all three cases, the doctors believed that their patients' quality of life was so poor that their continued existence was of no benefit to them, and decided that their lives should not be unduly prolonged, yet the doctor who was prosecuted was the one whose dying patient had requested that her death be hastened. The paper examines the law's seemingly contradictory approaches to such cases.

Entities:  

Keywords:  Airedale NHS Trust v. Bland; Analytical Approach; Death and Euthanasia; Law Hospital NHS Trust v. Lord Advocate; Legal Approach; R. v. Cox

Mesh:

Year:  1997        PMID: 9451606      PMCID: PMC1377579          DOI: 10.1136/jme.23.6.368

Source DB:  PubMed          Journal:  J Med Ethics        ISSN: 0306-6800            Impact factor:   2.903


  2 in total

1.  Letting vegetative patients die.

Authors:  B Jennett
Journal:  BMJ       Date:  1992-11-28

2.  End-of-life decisions and the law.

Authors:  S McLean
Journal:  J Med Ethics       Date:  1996-10       Impact factor: 2.903

  2 in total
  4 in total

1.  Causing death or allowing to die? A rejoinder to Randall's comments.

Authors:  P R Ferguson
Journal:  J Med Ethics       Date:  1998-08       Impact factor: 2.903

2.  Why causing death is not necessarily morally equivalent to allowing to die--a response to Ferguson.

Authors:  F Randall
Journal:  J Med Ethics       Date:  1997-12       Impact factor: 2.903

3.  Voluntary active euthanasia and the doctrine of double effect: a view from Germany.

Authors:  Martin Klein
Journal:  Health Care Anal       Date:  2004-09

4.  Causal authorship and the equality principle: a defence of the acts/omissions distinction in euthanasia.

Authors:  M Stauch
Journal:  J Med Ethics       Date:  2000-08       Impact factor: 2.903

  4 in total

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