Advance medical Decisions and assisted dying Flashcards
What does the Advance directive do and what is it for?
The Advance medical directive allows for the patient to make a decision in advance/ in the future. It is based on the principle of autonomy and it removes the burden from proxy decison makers and family members to decide what the patient would have wanted. instead of doing this, rather we look to see what the document says. It is like a will
What happens if the directive is not registered?
If it is not registered then it will be ineffective. it must be registered
What happens if doctors are given an advanced medical directive
Doctors should see if the directive is registered and should be prompted to check if it is registered.
where is the directive done?
It is done in a lawyers office
As it is being done who needs to be there?
There needs to be two witnesses one of a medical practioner
What are the key criticisms of AMD
People do not always know what they want and the AMDS are very complex which requires certainty. If indivudals do not know how to make contemperous decisions how can they make prosepctive ones? People also do not know how to articulate what they mean and put it in the best way possible. Their minds might actually change and it might not even be what they want at all
when should the AMD be revoked?
if the patient does not understand the AMD
What is ACP?
adavanced care planning is not legally binding but it is helpful. Individuals throughout their life would update their preferences values and beleifs. This can help with looking at the best interest of the pateint.
What happend in R v Nichilson?
In this case two individuals suffered from brain stoke and wanted to end their lives however s2 of the act was stopping them. they claimed that s2 was incompatibile with article 8 of the ECHR. Lord neuremberg stated that s2 was for the protetion of indivudals who are vulnerable nd that it was a safeguard for them. He stated that a third party abetting suicide was morally wrong however if the indivudal did it themsleves then it would be permissible. He then went on to say that if individuals have clearly and voluntary with informed consent stated that they want to end their own life they should do so in an organised and a professional way as it will safeguard the weak and the vulnerable but Lord neurember failed to state that s2 of the act was incompatible with article 8 of the ECHR
What did the PCR in singapore reccomend?
They reccomended that suicde be decriminalised because an indiviudal has a right to auotnomy. the govt confirmed that it does not mean a shift in the sanctity of human life rather it allows for liberty on the indiviudal to decide. Physican asssietd suicide is far better.
What happend in Carter v Canada?
Here it was stated that a complete prohibtion against suicide in unlawful because it goes against the indiviudals autonomy and liberty to make decisons. it would also lead to premature death of the indivudal. to be elgible 1) Indivudual must be reciving welfare from canada 2) must be over 18 and can make deicisons for themselves 3) must have informed consent 4) must have voluntarily applied for physician assisted suicide
