Double effect and palliative care excuses

White, Benjamin P. & Willmott, Lindy (2014) Double effect and palliative care excuses. In White, Benjamin P., McDonald, Fiona, & Willmott, Lindy (Eds.) Health Law in Australia [2nd ed.]. Thomson Reuters, Pyrmont, NSW, pp. 593-608.

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Abstract

• 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.

Impact and interest:

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ID Code: 74702
Item Type: Book Chapter
Keywords: Palliative care, Double effect, End of life decision-making, Health law, Medical law
ISBN: 9780455231549
Subjects: Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > PUBLIC HEALTH AND HEALTH SERVICES (111700) > Care for Disabled (111703)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > APPLIED ETHICS (220100) > Bioethics (human and animal) (220101)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > APPLIED ETHICS (220100) > Medical Ethics (220106)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Deposited On: 04 Aug 2014 22:10
Last Modified: 03 Aug 2016 14:45

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