A conflict arises in the clinic over the care of a critically
ill, incapacitated patient. The clinicians and the patient s family
confront a difficult choice: to treat or not to treat? Decisions to
withdraw or withhold life-sustaining treatment feature frequently
in the courts and in the world's media, with prominent examples
including the cases of Charlotte Wyatt, in the UK, and Terri
Schiavo, in the USA. According to legislation like the Mental
Capacity Act 2005, the central issues are the welfare (or best
interests ) of the patient, alongside any wishes they might have
conveyed, via an advance directive or through the appointment of a
lasting power of attorney .
Richard Huxtable argues that the law governing both welfare and
wishes frequently fails to furnish clinicians and families with the
guidance they require. However, he finds this unsurprising, given
the competing ethical issues at stake. Huxtable proposes that there
is a case for principled compromise here, such that the processes
for resolving principled disputes take precedence. He argues for
greater ethical engagement, through a reinvigorated system of
clinical ethics support, in which committees work alongside the
courts to resolve the conflicts that can arise at the limits of
life.
Providing a comprehensive account of the law pertaining to
children and adults alike, and distinctively combining medico-legal
and bioethical insights, this book engages scholars and students
from both disciplines, as well as informing clinicians about the
scope (and limits) of law at the limits of life.
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