The doctrine of double effect


Autoria(s): White, Benjamin P.; Willmott, Lindy
Contribuinte(s)

White, Benjamin P.

McDonald, Fiona

Willmott, Lindy

Data(s)

01/06/2010

Resumo

• The doctrine of double effect is an exception to the general rule that taking active steps that end life is unlawful. • The essence of the doctrine at common law is intention. • Hastening a patient’s death through palliative care will be lawful provided the primary intention is to relieve pain, and not cause death, even if that death is foreseen. • Some States have enacted legislative excuses that deal with the provision of palliative care. • These statutory excuses tend to be stricter than the common law as they impose other requirements in addition to having an appropriate intent, such as adherence to some level of recognised medical practice.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/33687/

Publicador

Thomson Reuters Australia

Relação

http://eprints.qut.edu.au/33687/1/c33687.pdf

White, Benjamin P. & Willmott, Lindy (2010) The doctrine of double effect. In White, Benjamin P., McDonald, Fiona, & Willmott, Lindy (Eds.) Health Law in Australia. Thomson Reuters Australia, Sydney, pp. 491-506.

Direitos

Copyright 2010 Thomas Reuters Australia

Fonte

Faculty of Law; Australian Centre for Health Law Research; School of Law

Palavras-Chave #180199 Law not elsewhere classified #Health law #Medical law #Palliative care #Doctrine of double effect #End of life decision-making
Tipo

Book Chapter