Medical Law Essay Example | Topics and Well Written Essays - 2000 words

Medical Law - Essay Example Moreover, the evaluation of the physicians, with regard to the continuance or otherwise of the patient’s life, is bestowed with primacy. In many instances the courts have agreed with the physicians’ evaluation that it would defeat the best interests of the patient to continue with life prolonging medical measures (Mendelson & Jost, 2003, p. 131). The 1993 case of Airedale NHS v Bland proved to be a landmark case in the area of cessation of artificial feeding and therapy. The court permitted the withdrawal of treatment from persons in a persistent vegetative state (PVS). In this case, the defendant Anthony Bland was in PVS as a result of having been asphyxiated in a stampede. The physicians attending upon him proposed the discontinuation of artificial feeding and antibiotic therapy (Tibballs, 2007, p. 233). Subsequent to undergoing a persistent vegetative state for three years, a court order was procured by the physicians attending upon Bland. This order permitted the me dical authorities to write finis to the indignity and degradation that had become an integral and overwhelming component of this hapless individual’s life. It was the considered opinion of the judges, ruling in this case that the inability of Bland to execute a will had prevented an earlier end to his pain and indignity filled life (Docker, 2000). It was clearly realised by the medical authorities that such cessation of feeding and treatment would result in death by starvation. However, such a course of action would not cause discomfort to the patient. It was also assumed that it would be in the best interests of Bland to legally discontinue the life sustaining treatment and tube feeding. Lord Hoffmann opined that the discontinuation of treatment was not only in the best interests of Bland but was also aimed at stopping the humiliation being undergone by him and to prevent distress to his family members. According to Lord Mustill, Bland had to be allowed to die in the best in terests of the community. He further stated that this decision was in the best interests of the family members of Anthony Bland (Tibballs, 2007, p. 233). While pronouncing judgement in the Bland case, one of the presiding judges stated that the States of the Union in the US, which had enacted laws to permit living wills, there was an explicit exclusion of terminating life by discontinuing nourishment and hydration (Ozimic & Fleming, 2011). It is the duty of a doctor to take into account, the best interests of a patient. However, there is an erroneous presumption that the best interests of the patient can be determined only by reference to the patient’s wishes, prior to his becoming incapacitated. The choice exercised by a patient need not necessarily be in his best interests, on every occasion (Ozimic & Fleming, 2011). In addition, ignoring the wishes of an incompetent person, should not be invariably be deemed to be disrespectful to the patient, and in contravention of his r ights. Although, patient autonomy is of considerable significance, doctors take other factors, such as life and health, and the provision of adequate health care in order to support the health and life of the patient. With respect to an incapacitated individua