Medicine and the Law Coursework 2 Essay Example | Topics and Well Written Essays - 1500 words

Medicine and the Law Coursework 2 - Essay Example aby M case, the Royal College of Paediatrics and Child Health observed that the judgment was in accordance with the guidelines it had set out in 2004 in consultation with parents, patient groups and representatives of different religious groups.(BBC News Report, 2006). It expressed the opinion that each case was to be treated individually and rigid rules could not be imposed that would apply in every case. But as discussed below, the precedents established by the Courts have shown that in general, the guiding principle is one of favouring life although each case is considered on its own merit. The Charlotte Wyatt case1 concerned a prematurely born baby that was suffering from a number of life threatening conditions. The Court also held in this instance that life sustaining treatment to the child could not be withdrawn. The Children Act of 1989 requires that the welfare of the child be accorded top priority and this is the guiding principle in all decisions that are made in reference to children. This is also the basis whereby the Crown can intervene in order to ensure that the interests of children are protected, because they are in effect disabled to the extent that they cannot look out for their own interests. As a result, decisions to be made about their treatment may also be taken by courts, especially when a patient has entered a persistent vegetative state (PVS). The decision of the House of Lords in Airedale NHS trust v Bland2 also held that when a patient has entered the PVS stage, then it may be lawful for the Courts to order the withdrawal of life sustaining tre atment because this would be in the best interests of the patient. It would also be lawful to withhold treatment in such cases because it would be in the patient’s best interests to be allowed to die with dignity3. Where adults are concerned, the question of how far a Court can step in to make decisions about the treatment options or welfare of an incapacitated or disabled person were at