Open Access Medical murder by omission? The law and ethics of withholding and withdrawing treatment and tube feeding

Author: Keown, John

Source: Clinical Medicine, Journal of the Royal College of Physicians, Volume 3, Number 5, 1 September 2003 , pp. 460-463(4)

Publisher: Royal College of Physicians

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Abstract:

When is it lawful and ethical to withhold or withdraw treatment and tube feeding? In recent years, the courts have handed down important decisions and medical bodies have issued professional guidelines on withholding and withdrawing treatment and tube feeding. A major criticism of these decisions and guidelines has been that while they prohibit the intentional hastening of a patient's life by an act ('active euthanasia'), they permit the intentional hastening of a patient's death by omission ('passive euthanasia'); and they prohibit actively assisting suicide, but permit passively assisting suicide. By focusing on the landmark decision of the Law Lords in the Tony Bland case, and on the guidelines on withholding and withdrawing treatment and tube feeding issued by the British Medical Association, this paper considers whether this criticism is sound, and concludes that it is.

Keywords: BLAND CASE; BRITISH MEDICAL; ASSOCIATION GUIDANCE; ETHICS; EUTHANASIA; MEDICINE AND LAW; TUBE FEEDING; WITHHOLDING WITHDRAWING; TREATMENT

Document Type: Regular paper

Publication date: 2003-09-01

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  • Clinical Medicine is published six times a year and circulated to 20,000 Fellows and Members of the Royal College of Physicians. The journal is read by physicians both established and in training in hospitals across the world. It features a wide range of articles including original papers, professional issues, clinical guidance, medical humanities, ethics and clinical governance. The journal publishes the key features from the College lectures and conferences. Each issue has a CME section which reviews the latest advances in a chosen specialty.
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