Health Care Law - Should Patient Autonomy Be Respected, If the Decision Is Either Rational, Irrational or No Reason at All S Provided?

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Summative Assessment 2014/15 LLB Module Code: LAWS 3085 Module Title: Health Care Law 1 Module Coordinator: John Coggon Question 2: A fundamental principle of Health Care Law is that adult patients should be free to give or withhold consent for any reason or no reason at all. In practice, however, might it be argued that some decisions are so irrational that the courts should not always respect this principle? You must illustrate your arguments by reference to a number of different areas of health care law, exploring the nature of the subject as a whole. Name: Genesis Dann Stillwell Student ID no: 25582321 Introduction It is a well-established fact that the law conceives patient autonomy as paramount in the context of health care. An adult patient, who has mental capacity, can give or withhold consent to a medical treatment for any reason, either rational, irrational or non-existent, or no reason at all. However, there are cases in which competent adult patients have withheld their consent to medical treatment and yet doctors and judges have overruled the patient’s refusal to treatment because of the decision and behaviour of they make which may be called ‘irrational.’ This challenges the primacy of autonomy of the patient and suggests that there may be other ethical principles ‘at work’ behind the veil of patient autonomy. I would argue that behind the deontological façade of autonomy rest two types of conflict: internal and external. Internal conflicts relates to the implicit tensions on how we define autonomy. In exercising an irrational decision, the courts may overrule it as not autonomous. External conflicts relates to the explicit tensions between autonomy and other bioethical principles, such as: best interests, consequentialism and etc. This means that when an irrational decision is overruled, it is because the patient’s autonomy ought to

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