Medico-Legal Aspects of the 'Right to Die' Legislation in Australia

42 Pages Posted: 24 Aug 2014

See all articles by Danuta Mendelson

Danuta Mendelson

Deakin University, Geelong, Australia - Deakin Law School

Date Written: 1993

Abstract

This article analyses the Australian 'right to die' legislation in the context of the legal and medical principles which underlie the doctor-patient relationship. The main focus of the analysis is upon the differences in legal and medical interpretations of the concept of sound mind', which is the statutory requirement for a valid refusal of treatment. The article also examines the adequacy and suitability of the sound mind criterion when it is applied in the contest of patients affected by illness, and the effect of imposing concepts developed within a strictly legal framework upon clinical practice. Medico-legal and ethical ramifications of the right to die legislation upon the legal and professional rights of medical practitioners are also discussed, as are such related issues as the management of pain relief in cases of refusing patients, the meaning of current medical condition' in the refusal of treatment certificate, and the powers of agents.

Keywords: right to die legislation, sound mind, patient-doctor relationship, refusal of treatment

Suggested Citation

Mendelson, Danuta, Medico-Legal Aspects of the 'Right to Die' Legislation in Australia (1993). Melbourne Univeristy Law Review, Vol. 19, p. 112, 1993-1994, Available at SSRN: https://ssrn.com/abstract=2485713

Danuta Mendelson (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

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