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papa smurf 27-05-2010 05:56
Doctors have been given permission to force a cancer sufferer to have life-saving sur
 
http://www.dailymail.co.uk/health/ar...o-surgery.html



The unusual case could have across-the-board implications when other patients refuse life-saving treatment.

i thought this was worth a debate is this the right thing to do or are the doctors and courts denying her human rights ,and how will this play out in future cases, ie have we lost the right to refuse treatment ????

Maggy 27-05-2010 06:23
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
But because she has learning difficulties which prevent her from coming to coherent conclusions, the judge ruled that doctors should be allowed to use force so they can operate.


I think this was the clincher in the decision..:erm:

papa smurf 27-05-2010 06:32
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
Originally Posted by Maggy J (Post 35028957)
I think this was the clincher in the decision..:erm:
She has so far failed to turn up for the operation, saying her phobia of hospitals and needles prevents her from doing so – despite being told she will die without it.

she sounds a lot like me ,i cant be in the same room as a needle ,and as soon as i walk into a hospital i get the collywobles ,even if its visiting .
question is now this case has been given the go ahead how will it affect future cases of people who refuse treatment .

Maggy 27-05-2010 06:37
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
Originally Posted by papa smurf (Post 35028961)
She has so far failed to turn up for the operation, saying her phobia of hospitals and needles prevents her from doing so – despite being told she will die without it.

she sounds a lot like me ,i cant be in the same room as a needle ,and as soon as i walk into a hospital i get the collywobles ,even if its visiting .
question is now this case has been given the go ahead how will it affect future cases of people who refuse treatment .
I think that it can only impact on cases where the patient has learning difficulties or is underage..I doubt it will work against patients considered to be compos mentis.

Angua 27-05-2010 07:42
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Surprised the Mental Capacity Act has not been checked.
Quote:
  • Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
  • A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
  • Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.
  • Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.
  • Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

Stuart 27-05-2010 09:37
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
Originally Posted by Angua (Post 35028987)
Surprised the Mental Capacity Act has not been checked.
I suspect it was. From the Mail article
Quote:
But because she has learning difficulties which prevent her from coming to coherent conclusions, the judge ruled that doctors should be allowed to use force so they can operate.

Chrysalis 28-05-2010 08:51
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
this could be a dangerous precedent.

Maggy 28-05-2010 10:31
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
Originally Posted by Chrysalis (Post 35029642)
this could be a dangerous precedent.
Only for vulnerable adults I suspect..fully compos mentis adults will engage a solicitor and barrister and argue their case in court and probably win.

frogstamper 29-05-2010 00:10
Re: Doctors have been given permission to force a cancer sufferer to have life-saving
 
Quote:
Originally Posted by Maggy J (Post 35029688)
Only for vulnerable adults I suspect..fully compos mentis adults will engage a solicitor and barrister and argue their case in court and probably win.
To be honest Maggy I can't see it going as far as court and solicitors for a person who is compos mentis, as far as I understand it they have a legal right to to refuse any sort of treatment, as you say this would only apply to under eighteens and vulnerable adults.
Having read through the article the judge doesn't seem to be in any doubt at all concerning the outcome.


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