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Appears in Collections:Law and Philosophy Policy Documents
Title: Advance Choices and Medical Decision-Making in Intensive Care Situations
Author(s): Brown, Jonathan
Kerrigan, John
McKay, Colin
McMillan, Catriona
Pasupuleti, Pradeep
Keene, Alex Ruck
Saha, Sheekha
Stavert, Jill
Steele, Hilary
Towers, Lynda
Ward, Adrian
Ward, Amanda
Wylie, Gordon
Contact Email:
Issue Date: 19-May-2022
Date Deposited: 30-Aug-2022
Publisher: The Law Society of Scotland
Citation: Brown J, Kerrigan J, McKay C, McMillan C, Pasupuleti P, Keene AR, Saha S, Stavert J, Steele H, Towers L, Ward A, Ward A & Wylie G (2022) <i>Advance Choices and Medical Decision-Making in Intensive Care Situations</i>. Law Society of Scotland. Edinburgh: The Law Society of Scotland.
Abstract: We offer a basic formulation (previously lacking) of the doctor-patient relationship, and resulting obligations, responsibilities and potential liabilities, in any situation where medical decision-making cannot proceed at all, or sufficiently quickly, in accordance with the competent and informed consent of the patient. The formulation is derived from existing principles in Scots law and some similar legal systems. Adequate clarity and certainty are however at present lacking in Scots law. It is urgently necessary to provide it, in the interests of doctors, patients and all others who might be concerned. In the matter of withholding or withdrawing life-sustaining treatment, we have considered, commented upon and evaluated the 1995 proposals by Scottish Law Commission (which were never implemented), together with such case law as has developed, as a basis for formulating legislative provision that would provide the clarity, certainty and protections for medical practitioners acting properly, that is at present lacking in Scotland. Our recommendations include suggestions as to how both topics may be taken forward to the drafting, introduction and implementation of legislation, including suggestions as to further research, consultation, and – following upon the introduction of legislation – a coordinated approach to all aspects of its successful implementation.
Type: Policy Document
Rights: The publisher has not responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Affiliation: University of Strathclyde
Edinburgh Napier University
University of Edinburgh
King's College London
University of Glasgow
Edinburgh Napier University
Edinburgh Napier University
University of Strathclyde
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