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Considering the boundaries of decision-making authority: An NHS Trust v Y [2018] UKSC 46

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The protection of vulnerable patients, consent to (or refusal of) medical treatment, the concept of best interests and definitions of futile treatment have all been extensively debated in the courts… Click to show full abstract

The protection of vulnerable patients, consent to (or refusal of) medical treatment, the concept of best interests and definitions of futile treatment have all been extensively debated in the courts and addressed in relevant legislation. The only true clarity around any of these concepts is that they are complex and subject to individual interpretation, therefore it is unsurprising that they continue to present a challenge to the modern judiciary and legislature. A recent decision by the of the UK was called upon to consider, inter alia these concepts and others in the face of the challenging question of whether or not court guidance is always needed when loved ones and medical teams agree that it is in the best interests of a patient to withdraw and withhold artificial nutrition and hydration. The short answer? It’s complicated. The longer answer is considered below. Background

Keywords: decision; making authority; considering boundaries; boundaries decision; decision making; authority nhs

Journal Title: Journal of Bioethical Inquiry
Year Published: 2019

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