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Durham University

Durham Law School

Staff profile

Publication details for Dr Samantha Halliday

Halliday, Samantha & Witteck, Lars (2002). Die Regelung von Nichtaufnahme und Abbruch einer medizinischen Behandlung am Lebensende in Deutschland und England. Juristen Zeitung 15/16: 752 - 763.
  • Publication type: Journal Article
  • ISSN/ISBN: 0022-6882

Author(s) from Durham

Abstract

This article analyses the law relating to withholding and withdrawing life-prolonging medical treatment in Germany and England & Wales. Recent case law from both jurisdictions is considered and contrasted with jurisprudence from the United States of America. Whilst all three jurisdictions recognise the ability of a competent patient to refuse life-prolonging treatment, it is argued that the models of decision-making adopted in relation to patients lacking capacity are inherently flawed. It is suggested that where the patient lacks capacity, neither the autonomy model of decision-making (encompassing the presumed will approach adopted in Germany and the substituted judgement approach adopted in the USA), nor the best interests model (adopted in England & Wales) can adequately protect the interests (particularly the ‘critical’ interests) of the affected individual. This article was cited by the German Parliamentary Working Group “Patient Autonomy at the End of Life” in their report (Bericht der Arbeitsgruppe „Patientenautonomie am Lebensende“), 10th June 2004.

Notes

This article was cited by the German Parliamentary Working Group “Patient Autonomy at the End of Life” in their report (Bericht der Arbeitsgruppe „Patientenautonomie am Lebensende“), 10th June 2004.