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Unformatted text preview: DIFFERENCE BETWEEN ENGLISH & SCOTTISH LAW
IN SOME INSTANCES A COMPETENT CHILD MAY REFUSE TREATMENT,IN CONTRADICTION TO THE WISHES OF THE PARENTS.AN AUTONOMIC RIGHTS TO OVERULE THIS BY THE PARENTS MAY NO EXIST. LEGAL ADVICE IS RECOMMENDED. SUMMARY
SUMMARY Establish the various options available(including nontreatment)
Seek evidence of previously expressed views (e.g. advance directives)
Seek opinion of third parties to whom the patient may be known as to the patient’s previously expressed views
Administer the level of treatment that least restricts the patient’s future choice
If substantial doubts or conflicts exists, seek counsel from more experienced colleagues, from more experienced colleagues, from professional organizations, from legal sources
If necessary, seek advice as to whether a court ruling is necessary. JUSTICE
DEMAND OUTSTRIPS SUPPLY PRINCIPLE OF JUSTICE OF ARISTOTLE (Nicomachean ethics) ‘Equals’ should be treated ‘equally’, but where ‘ inequality’ exists then ‘unequal’ treatment should occur to correct this imbalance. e.g. Terminal Cardiac failure had a more immediate and life threatening (unequal)need than t...
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- Fall '11