Does withdrawing life-sustaining treatment cause death or allow the patient to die?


Autoria(s): McGee, Andrew
Data(s)

12/01/2014

Resumo

The paper discusses the view of Franklin Miller and Robert Truog that withdrawing life-sustaining treatment causes death and so is a form of killing. I reject that view. I argue that even if we think there is no morally relevant difference between allowing a patient to die and killing her (itself a controversial view), it does not follow that allowing to die is a form of killing. I then argue that withdrawing life-sustaining treatment is properly classified as allowing the patient to die rather than as killing her. Once this is accepted, the law cannot be criticised for inconsistency by holding, as it does, that it is lawful to withdraw life-sustaining treatment but unlawful to give patients a lethal injection.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/70012/

Publicador

Oxford University Press

Relação

http://eprints.qut.edu.au/70012/8/70012.pdf

http://medlaw.oxfordjournals.org/content/22/1/26

DOI:10.1093/medlaw/fwt034

McGee, Andrew (2014) Does withdrawing life-sustaining treatment cause death or allow the patient to die? Medical Law Review, 22(1), pp. 26-47.

Direitos

Copyright 2014 The Author. Published by Oxford University Press

This is a pre-copyedited, author-produced PDF of an article accepted for publication in Medical Law Review following peer review. The definitive publisher-authenticated version [Med Law Rev (Winter 2014) 22 (1): 26-47. doi: 10.1093/medlaw/fwt034] is available online at: http://medlaw.oxfordjournals.org/content/22/1/26

Fonte

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

Palavras-Chave #110000 MEDICAL AND HEALTH SCIENCES #180000 LAW AND LEGAL STUDIES #180110 Criminal Law and Procedure #220100 APPLIED ETHICS #Acts #Causing death #Euthanasia #Killing #Letting die #Omissions #Pacemaker
Tipo

Journal Article