Next Up: A Proposal for Values-Based Law Reform on Unilateral Withholding and Withdrawal of Potentially Life-Sustaining Treatment

Authors

  • Jocelyn Downie University Research Professor, Faculties of Law and Medicine, Dalhousie University, Halifax, Nova Scotia; Adjunct Professor, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology, Brisbane, Australia.
  • Lindy Willmott Professor, Director, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology, Brisbane, Australia.
  • Ben P White Professor, Director, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology, Brisbane, Australia.

DOI:

https://doi.org/10.29173/alr775

Abstract

The unilateral withholding and withdrawal of potentially life-sustaining treatment presents a complex issue of law and public policy. The authors examine the current state of this practice and conclude that it is occurring, being challenged in the courts, and is treated differently in different jurisdictions. The authors review the current state of the law in the United Kingdom, Australia, New Zealand, the United States, and Canada. The authors use Canada as a case study to outline a process for pursuing law reform. The authors propose a model for law and policy reform in this area that is both informed and shaped by the fundamental values of Canadian society.

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Published

2017-03-31

Issue

Vol 54, No 3: Special Issue: Health Law

Section

Articles

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