MEDICINE

AIDS, the ethics of testing without consent - 1993, 116/117, 19
allocation of resources: medical ethics dilemmas - 2000, 144, 18
artificial feeding, courts allowing withdrawal of - 1995, 126/127, 70
assisted dying: court refuses to judge on it as sanctity of life is not a 'legal' discussion (case) - 2020, 184, 117
assisted dying bill 2021; details of and comment - 2021, 186, 44
assisted suicide: Bland, Dianne Pretty & Re:B (consent to treatment) - 2003, 150, 51
assisted suicide, Christian theology & the law - 2003, 150, 51
assisted suicide, locked-in syndrome patients wanting clarification of law, failed as parliament must change law, not courts (case) - 2012, 169, 285; ban within UK parliament's margin of appreciation & DPP right to look at cases individually (SC) - 2014, 173, 232
assisted suicide: 'locked in' patient argues GMC guidance too restrictive; case dismissed as law there to protect vulnerable patients (case) - 2015, 175, 286
assisted suicide: judicial review refused as both Houses had debated issue and decided against exceptions; leave to appeal allowed (case) - 2017, 178, 145; parliament entitled to clear moral position - 2017, 179, 249
assisted suicide: motor neurone sufferer claims Article 8 rights infringed, case dismissed, parliament has balanced risks to all (case) - 2018, 181, 249
assisted suicide: Purdy case, where DPP required to publish guidance about when they will prosecute (case) - 2009, 162, 94 (not required); 2009, 163, 194 (required)
autonomy to refuse treatment as an absolute right, consequences of - 1999, 140/141, 43
baby of Jehovah's Witnesses needing surgery, court rules blood can be given despite parent's objection if no reasonable alternative (case) - 2014, 172, 75
'best interests' & the implications of the Mental Capacity Bill - 2004, 153, 152
Bland case: medical & legal concerns - 2002, 148, 65
Bland judgement: feeding as medical treatment? - 1993, 116/117, 4
blood products for child of Jehovah's Witnesses, parents not opposed to court deciding if no other options (case) - 2017, 178, 123
body parts, disposal and storage of: statutory guidance & Cremation Regulations - 2014, 173, 145
Bolam principle, difficult to apply to ethical matters - 1994, 122/123, 80
brain-damaged baby, parents want life support, court rules for palliative care (case) - 2012, 169, 284
caesarean, use of mental health act to compel - 1999, 140/141, 43
caesarean sections, law with regard to compelling - 1999, 140/141, 43
capital punishment: all doctors/nurses refuse to assist in an execution - 2006, 156, 24
care proceedings for muslim children clarified circumcision as allowed for religious/other reasons but FGM never considered reasonable (case) - 2015, 174, 127
carers ignored and disadvantaged by the law - 2007, 159, 89
caring relationship needs to be legally recognised as important - 2007, 159, 89
categorisation of mental patients on admission to hospital - 1999, 140/141, 79
circumcision of children: judge gives guiding principles for disputes; legal, welfare and religious factors to balance (case) - 2021, 187, 182
circumcision in modern European society: balancing autonomy of child & that of religious groups; provisions in ECHR - 2021, 186, 20
circumcision: rights of child, parental rights & responsibilities, BMA guidelines on best interest, Gillick competence, case law - 2021, 186, 20
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: facts, reasoning, analysis, legal murder? - 2001, 146, 38
conjoined twins case: medical, legal & Catholic concerns - 2002, 148, 65
conjoined twins case: ruling of 'court of law, not of morals' - 2008, 160, 13
conjoined twins case: utilitarian sacrifice of one for the other? - 2001, 147, 89
conjoined twins case: what criteria or objective values can be used? - 2001, 147, 89
consent, NHS proposals to share data with private companies with only opt-outs breaches 'silence does not mean consent' - 2021,186,1
conscientious objection in medicine: not only about abortion, not contest of rights between doctor/patient, not necessarily religiously based - 2011, 166, 28
courses offered in medical law and ethics - 1983, 78/79, 56
court's jurisdiction over refusal of treatment by a minor aged over 16 - 1994, 120/121, 55
Covid 19: did this cause a legal crisis due to focus on expediency rather than justice? - 2020, 184, 25
dangers of the Mental Capacity Bill - 2004, 153, 152
death, UK definition of - 1999, 140/141, 56
decision of 15 year old to refuse heart transplant overruled - 1999, 140/141, 22
doctors have a right not to participate directly in abortion & fertility treatment but for other things must negotiate (no legal rights) - 2011, 166, 28
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
Do Not Resuscitate orders (DNACPR): controversy about overuse during covid pandemic particularly for learning disabled, ECHR ruled there is right to be consulted - 2021, 186, 44
end of life care for covid patient lacking capacity; court rules against family to allow NHS to withdraw treatment (case) - 2022, 188, 74
gender dysphoria: ruling on children's informed consent to puberty blockers; Court of Appeal changes Divisional Court guidance of seeking court sanction, to gaining informed consent (case) - 2022, 188, 72
Gillick competence: discussion in regard to puberty blockers for children (case) - 2022, 188, 72
Gillick competent child refusing life-saving blood products as a Jehovah's Witness, court rules treatment to go ahead in best interests (case) - 2020, 184, 91
human, definition of being - 1999, 140/141, 65
human dignity in birth and death - 1999, 140/141, 65
hunger strikers, legal issues concerning - 1995, 126/127, 140
IVF twins conceived with donor sperm and having much darker skin than parents cannot claim negligence, no compensatable damage (case) - 2012, 168, 116
Jehovah's Witness minors, blood transfusions for; court correct to override their wishes & be 'slow to allow an infant to martyr himself' (case) - 2022, 188, 81
Jehovah's Witness mother overruled by court as in baby's interests to have blood transfusion - 2019, 183, 229
Jehovah's Witnesses refusing blood for self or children: cases where courts overruled - 2012, 169, 157
Jehovah's Witness with Alzheimer's and a properly made advance decision to refuse blood / blood products; inconsistent actions & lack of capacity led to ruling that she has transfusion (case) - 2022, 188, 97
Keown's distinction between worthwhileness of treatment & worthwhileness of life - 2001, 147, 89
killing and 'letting die' - 1993, 118/119, 146 + 147
late husband's sperm can be stored for over ten years as court convinced he would have obtained paperwork had he known of it (case) - 2014, 172, 105
life, biological definitions - 1974, 42, 33
life support removal from brain damaged 2 year old ruled in her best interests, against Jewish rabbinical decision (case) - 2021, 187, 178
medical decisions, importance of fundamental ethical principles to underlie - 1999, 140/141, 65
medico-moral dilemmas and the need for ethical guidelines - 1983, 78/79, 60
MMR vaccination: father obtains order for 15 & 11 yr old children to have vaccine against wishes; despite one objecting on vegan grounds, Article 9 rights not considered (case) - 2014, 172, 83
paralysed man given leave for judicial review on assisted suicide (case) - 2012, 168, 134
parental wishes against child's transplant, court can overrule religious objection to - 2007, 159, 152
parents (with mental health issues) opposed to baby's dialysis for religious reasons; court rules for treatment - 2019, 182, 88
paternalism v. informed consent - the Sidaway case - 2000, 144, 18
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
patient consent to medical treatment, the status and significance of - 1993, 116/117, 19
patient with capacity can refuse treatment even when this leads to death - 2003, 150, 51
PVS patients: a clinical view against withdrawing food/fluid - 1997, 134/135, 29
PVS patients, discontinuing artificial feeding for: legal practice & BMA guidelines - 2003, 150, 51
rights of patients to healthcare services - 2011, 166, 28
schizophrenic detained under Mental Health Act, allowed to refuse life-saving amputation due to religious beliefs & desire for independence (case) - 2016, 176, 109
separated parents, Jehovah's Witness Mum must give Anglican father's details if child requires blood transfusion (case) - 2012, 168, 137
torture in ECHR: should circumision be covered as well as FGM? - 2021, 186, 20
transplant for their child?, can parents refuse a - 1997, 134/135, 52
transplant medicine & definitions of death - 1999, 140/141, 56
trespass, assault or battery, claims of medical treatment being - 1993, 116/117, 19
values in medicine: shouldn't influence patient care (Savulescu)?; doctor can excape involvement but can't impose views on others - 2011, 166, 28
wife wants IVF using dead husband's sperm without his prior permission, HFEA must decide whether export to use abroad permitted (case) - 2009, 162, 90
withdrawal of treatment for Catholic in vegetative state; family disagreement over removal food/fluids, court ruled to remove (case) - 2021, 186, 66
withdrawing life-sustaining treatment, law and ethics of: acts & omissions, sanctity of life & autonomy - 2005, 154, 57
withholding or withdrawing artificial nutrition and hydration - 1989, 100/101, 58
women in labour, competence & autonomy of - 1999, 140/141, 43
abortion
abortifacient pill RU486; workings and side effects - 1991, 110/111, 62
doctor not forming and honest opinion - 1974, 42, 54
medical induction - 1981, 68/69, 5
cloning
embryos created by Cell Nuclear Replacement, does statute law regulate these? - 2003, 150, 88
HFEA 1990 Act, is cloning regulated by the - 1999, 140/141, 26
human cloning, legal & ethical aspects of - 1999, 140/141, 26
human cloning, scientific issues concerning - 1999, 140/141, 26
legal problems (possible): inheritance, negligence, wrongful life - 1999, 140/141, 26
reproductive & therapeutic cloning - arguments for and against - 1999, 142/143, 100
contraception
contraceptive advice for young girls: the Gillick case - 2000, 144, 18
counselling for premature sexual activity - 1986, 88/89, 2
doctor-patient relationships - 1985, 86/87, 51
embryology
Catholic submissions to Warnock Enquiry - 1983, 78/79, 71
designer babies to cure siblings, ethics of - 2004, 152, 93
embryo research, I.V.F., and artificial insemination - 1987, 94/95, 92
embryos created by Cell Nuclear Replacement, does statute law regulate these? - 2003, 150, 88
frozen embryos and custody dispute in USA - 1989, 102/103, 2
proposals for a statutory licensing authority - 1989, 102/103, 88
research and experimentation - 1988, 98/99, 75
euthanasia
advance directives, problems with - 1994, 122/123, 80
advance directives: warnings on the Chancellor's Consultation paper 1997 - 1998, 136/137, 9
advance statements to refuse treatment, government support of - 1998, 136/137, 9
assisted suicide, DPP should provide clarity on likelihood of prosecution (case) - 2013, 171, 116
Bland judgement: not acting in patient's best interests - passive euthanasia - 1993, 116/117, 4
care in definitions of euthanasia & murder in English Law - 2019, 182, 7
Catholic Church, its teaching on - 1968, 19, 52
common law defence of necessity & of Strasbourg jurisprudence for assisting suicide, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
court cases making a substantial contribution to the euthanasia debate - 1999, 140/141, 16
dangers of the legalisation of - 1999, 140/141, 16
definitional, theological & ethical issues - 2003, 150, 51
end of life: how to define humanity - 2005, 154, 57
end of life dilemmas: Bland & turning off ventilation - 2000, 144, 18
end of life issues, court decisions on - 1994, 122/123, 80
euthanasia in the 1990's and beyond - 1999, 140/141, 16
intentions & withdrawing treatment: definitions and declarations in Catholic moral tradition - 2019, 182, 7
intentional killing element may be absent in Charlie Gard and Alfie Evans cases - 2019, 182, 7
life, when it can be said to end - 1968, 19, 42
motivation & intention; analysis of concepts & errors, particularly when death by omission - 2019, 182, 7
nutrition and hydration should be evaluated differently to medical treatment as are basic needs - 2019, 182, 7
patient, doctor and public morality - 1983, 78/79, 60
resuscitative measures, cessation of - 1968, 19, 42
right to be kept/not kept alive - 1968, 19, 67
sanctity of life: Alfie Evans case failed to appreciate intrinsic worth despite not 'deriving benefit' - 2019, 182, 7
sanctity of life: Charlie Gard case contained ethical errors about life not 'worth sustaining' - 2019, 182, 7
sanctity of life v. autonomy and intolerability - 2005, 154, 57
vegetative state: Supreme Court rules no longer necessary to apply to Court of Protection to wihtdraw food/fluids if doctors & family agree (case) - 2018, 181, 232
withdrawal of treatment: a Christian perspective - autonomy, best interests and Tony Bland - 2005, 154, 57
withdrawal of treatment: Bland and Evans cases relied on a particular medical opinion rather than objective ethical standards - 2019, 182, 104
withdrawal of treatment cases, articulating welfare of child; trial judge's ethics important - 2016, 176, 6
withdrawal of treatment for Catholic in vegetative state; family disagreement over removal food/fluids, court ruled to remove (case) - 2021, 186, 66
withdrawal of treatment in end of life cases involving children when conflict between parents and doctors; review commissioned before recommendations made - 2022, 189, 169
withdrawing life-sustaining treatment, law and ethics of: acts & omissions, sanctity of life & autonomy - 2005, 154, 57
foetus
being used for research - 1974, 42, 33
conceptus - 1974, 44, 101
mother's autonomy / bodily integrity v. fetus' right to life, ethics of - 1999, 140/141, 43
steps in physiological development - 1974, 42, 33
when it is considered human - 1974, 44, 121
sterilisation
consent of mentally incapable - 1989, 100/101, 2
implications of damages for failed operation - 1983, 78/79, 111
of intellectually under-developed ward - 1987, 94/95, 123
order for sterilisation of ward - 1987, 94/95, 78
woman with severe learning difficulties, decision on sterilising - 2000, 145, 60
wrongful birth and wrongful pregnancy, differences between - 1983, 78/79, 111
Australia
Bolam principle abandoned in Australia - 1994, 120/121, 26
duty to inform & advise patients, development of the - 1994, 120/121, 26
Austria
IVF using donors can be banned in Europe but must be coherent, in these cases rights were violated (ECHR) - 2011, 166, 100; on appeal Austria had not exceeded margins of appreciation (GC) - 2012, 168, 141
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
France
ruling that ending nutrition to vegetative patient doesn't breach his right to life under Article 2; dissenters slam lack of ethics (ECHR) - 2015, 175, 273
Italy
Italy within rights in a democratic society to ban donation of existing embryos for experimentation (ECHR) - 2015, 175, 284
Jersey
assisted dying: Jersey's States Assembly agreed 'in principle' to legalising; public engagement put in process - 2022, 188, 67
Latvia
Jehovah's Witness wanting reimbursement to travel to Poland for surgery without blood transfusion; should member state consider religious beliefs? (EUCEJ) - 2021, 186, 88
Netherlands
dangers of the legalisation of euthanasia - 1999, 140/141, 16
Northern Ireland
adult with learning difficulties & Jehovah's Witness mother should have blood products available to preserve life during dental surgery (case) - 2013, 171, 121
Poland
child rape victim wanting abortion, rights violated by doctors' witholding information and access to legally allowed abortion and breaching confidentiality due to conscientious objection (ECHR) - 2013, 17, 137
Republic of Ireland
challenge to Irish abortion ban; upheld that in cases where mother's life threatened, Ireland's law breaches human rights (ECHR) - 2011,166, 76
Russia
requiring doctors to disclose when Jehovah's Witnesses refuse blood transfusions violates Article 8 (ECHR) - 2013, 171, 104
Scotland
assisted suicide prosecution guidelines alleged unclear; Scottish law deemed different to Purdy case, petition rejected (case) - 2015, 175, 293; law clear as stands (reclaiming motion refused) - 2016, 176, 101
conscientious objection under Abortion Act covers participation in 'hands-on' way, not administrative tasks of ward managers (case) - 2015, 174, 143
midwife supervisors don't have to take part in abortions but must supervise those that do (case) - 2012, 168, 120
Switzerland
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
voluntary euthanasia: lady's rights violated by lack of Swiss legal guidelines on when allowed lethal prescription (ECHR) - 2013, 171, 111
United States of America
brain-death, implications for practitioners - 1986, 90/91, 84
capital punishment: all doctors/nurses refuse to assist in an execution - 2006, 156, 24
care for the elderly, economic and moral considerations - 1986, 90/91, 110
conjoined twins case: the doctor's decision in a similar American case - 2001, 147, 89
consent and refusal of treatment - 1986, 90/91, 89
critique of Wade and Bolton cases - 1974, 42, 33
death, new judicial and statutory definitions - 1986, 90/91, 89
do-not-resuscitate orders - 1986, 90/91, 89
medicare laws and rules: legal inadequacies in promulgation & delegation to private companies etc - 2019, 183, 176
medico-legal developments in foregoing treatment - 1986, 90/91, 89
'right-to-die' and recent cases - 1989, 100/101, 58

Published by:

The Edmund Plowden Trust