{"title":"Right to refuse treatment upheld while advance directive failed.","authors":"Benjamin Andoh","doi":"10.1177/00258172241280435","DOIUrl":null,"url":null,"abstract":"<p><p>The right to refuse treatment and the advance decision were two major issues that came up in <i>Re J (Blood Transfusion: Older Child: Jehovah's Witnesses)</i> [2024] EWHC 1034. This paper discusses that case in relation to (a) the meaning of the right to refuse treatment, (b) why the term, \"right\", should be replaced with \"immunity\" in the expression, \"right to refuse treatment\", (c) the limitations of that right and (d) what the advance decision is and why it was not effective in <i>Re J</i>. The paper concludes that, although the right to refuse treatment and the advance decision are important facilities under the law, they do have limitations.</p>","PeriodicalId":35529,"journal":{"name":"Medico-Legal Journal","volume":" ","pages":"45-47"},"PeriodicalIF":0.0000,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medico-Legal Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/00258172241280435","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/2/8 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"Medicine","Score":null,"Total":0}
引用次数: 0
Abstract
The right to refuse treatment and the advance decision were two major issues that came up in Re J (Blood Transfusion: Older Child: Jehovah's Witnesses) [2024] EWHC 1034. This paper discusses that case in relation to (a) the meaning of the right to refuse treatment, (b) why the term, "right", should be replaced with "immunity" in the expression, "right to refuse treatment", (c) the limitations of that right and (d) what the advance decision is and why it was not effective in Re J. The paper concludes that, although the right to refuse treatment and the advance decision are important facilities under the law, they do have limitations.
期刊介绍：
The Medico-Legal journal is the official journal of Medico-Legal Society. The Royal Society of Medicine Press is delighted to announce the launch in July 2009 of the Medico-Legal journal, on behalf of the Medico-Legal Society. The Medico-Legal Journal provides an official record of the proceedings of the Medico-Legal Society, and is dedicated to promoting Medico-Legal knowledge in all its aspects. As well as providing a record of activity in the Society, the journal includes a unique collection of contributions and speeches from eminent speakers at society events.
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