Challenging Doctors’ Decisions
When a person is not able to make a decision about whether to have medical treatment, either because they lack the mental capacity (if, for example, they are in a coma), or because they are a child, the person’s doctors have to decide whether or not the proposed treatment is in the person’s “best interests”.
In deciding what is in the person’s best interests, the medical professionals have to take into account a number of factors, including what the person would want if they were able to make the decision, and the views of the person’s family and friends. If there is a disagreement about what is in the person’s best interests, the family or friends of the individual can take the matter to court for resolution.
In some cases, the matter will be urgent and the courts are able to make decisions at very short notice.
Decisions which can be referred to court include:
- Whether or not to turn off “life support machines”
- Whether or not to turn off ventilators, dialysis or other life sustaining treatment
- Whether to perform surgery on an individual
- Decisions about sterilisation procedures
Our expert lawyers can advise you on your human rights and assist you in resolving a dispute about medical treatment and what is in a person’s best interests.
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