Causation in Law and Medicine by Mendelson Danuta;Freckelton Ian; & Danuta Mendelson

Author:Mendelson, Danuta;Freckelton, Ian; & Danuta Mendelson
Language: eng
Format: epub
Publisher: Taylor & Francis Group

52 ibid.

53 Ibid, p565.

54 Ibid, p567.

55 Ibid, p568.

56 Consent to Medical Treatment and Palliative Care Act 1995 (SA): "The Care of People Who are Dying – 17. (1) A medical practitioner responsible for the treatment and care in the terminal phase of a terminal illness, or a person participating in the treatment and care of the patient under the medical practitioner's supervision, incurs no civil or criminal liability by administering medical treatment with the intention of relieving pain or distress – (a) with the consent of the patient or of patient's representative; and (b) in good faith and without negligence; and (c) in accordance with proper professional standards of palliative care, even though an incidental effect of the treatment is to hasten the death of the patient. (2) A medical practitioner responsible for the treatment or care of a patient in the terminal phase of a terminal illness, or a person participating in the treatment or care of the patient under the medical practitioner's supervision, is, in the absence of an express direction by the patient or the patient's representative to the contrary, under no duty to use, or to continue to use, life sustaining measures in treating the patient if the effect of doing so would be merely to prolong life in a moribund state without any real prospect of recovery or in a persistent vegetative state. (3) For the purposes of the law of the State – (a) the administration of medical treatment for the relief of pain or distress in accordance with subsection (1) does not constitute cause of death; and (b) the nonapplication or discontinuance of life sustaining measures in accordance with subsection (2) does not constitute a cause of death."

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