Hospital NHS Trust v The Lord Advocate, 1996, 1996 CSIH 301
Citation: Hospital NHS Trust v The Lord Advocate, 1996, 1996 CSIH 301
Rule of thumb: Where a person has been on life-support for a significant period of time, and has shown no signs of progress, can the machine be turned off? Yes, once a certain period of time has elapsed the life-support is to be switched – this cannot be carried on indefinitely by a hospital.
Judgment:
‘The ability to prolong life by artificial means has reached such a stage that it is possible to nourish the body and preserve it from disease so that life in the clinical sense may be continued indefinitely. Invasive techniques such as those of sterilisation are also possible without the slightest risk of any other physical injury than that which is to be inflicted deliberately. Where the patient is of full age and capable of understanding and consenting to the procedures which on medical advice are for his or her benefit, or decides to refuse medical treatment, the right of self determination provides the solution to all problems, at least so far as the court is concerned. It is not in doubt that a medical practitioner who acts or omits to act with the consent of his patient requires no sanction or other authority from the court. The patient’s consent renders lawful that which would otherwise be unlawful. It is not for the court to substitute its own views as to what may or may not be in the patient’s best interests for the decision of the patient, if of full age and capacity.’ Lord Hope
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.