The doctrine of double effect
White, Benjamin P. & Willmott, Lindy (2010) The doctrine of double effect. In White, Benjamin P., McDonald, Fiona, & Willmott, Lindy (Eds.) Health Law in Australia. Thomson Reuters Australia, Sydney, pp. 491-506.
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• The doctrine of double effect is an exception to the general rule that taking active steps that end life is unlawful.
• The essence of the doctrine at common law is intention.
• Hastening a patient’s death through palliative care will be lawful provided the primary intention is to relieve pain, and not cause death, even if that death is foreseen.
• Some States have enacted legislative excuses that deal with the provision of palliative care.
• These statutory excuses tend to be stricter than the common law as they impose other requirements in addition to having an appropriate intent, such as adherence to some level of recognised medical practice.
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|Item Type:||Book Chapter|
|Keywords:||Health law, Medical law, Palliative care, Doctrine of double effect, End of life decision-making|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
|Copyright Owner:||Copyright 2010 Thomas Reuters Australia|
|Deposited On:||04 Aug 2010 07:51|
|Last Modified:||01 Mar 2012 00:18|
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