Euthanasia Essay

7 Pages • Essays / Projects • Year: Pre-2021

Paul, 20, has been unconscious for a year in a nursing home after a motor bike accident. He has a feeding tube inserted into his stomach and the nurses perform all bodily functions for him. His mother visits each day and now believes that he should be allowed to die. 2.1 Advise Paul’s mother on the steps that she should take in order to gain legal authority to refuse treatment on his behalf. 2.2 Paul’s mother instructs the hospital to withdraw Paul’s feeding tube. Is this the type of treatment that can be refused? 2.3 Before Paul’s death, Paul’s aunt hears about his condition and calls the police asking them to investigate. Is this an unlawful breach of confidentiality or privacy under the Health Records and Information Privacy Act 2002 (NSW)? no 2.4 A police officer attends the hospital and asks to see Paul’s medical records. Paul’s doctor is confident that the police will agree with the proposed withdrawal of treatment and shows the police Paul’s mother’s letter instructing them to withdraw the feeding tube. Is this an unlawful breach of confidentiality or privacy under the Health Records and Information Privacy Act 2002 (NSW)? No they need all info to prove 2.5 The police officer decides to take no further action and leaves the hospital. Paul’s aunt is not satisfied and wants to take further action to save Paul’s life. Is there any legal action that she can take and, if so, what might be the outcome? Aunt can have an inquest- where it gets reviewed by ombudsman 2.6 The hospital withdraws the tube and Paul gradually dies of starvation and dehydration. Could the hospital be charged with homicide in relation to Paul’s death, and, if so, what is likely to be the outcome? No because mother signed off-could be inquest but no charge 2.7 After Paul’s death, his mother wants to examine his medical records at the hospital. What steps should she take to do this? 2.8 When Paul’s mother sees that Paul’s aunt has visited him in hospital, she fears that there will be trouble. She asks the hospital to destroy the records. She says that Paul is dead, she is his next of kin and there is no point in keeping the records now. Is she legally entitled to require the hospital to destroy the records? No- records are kept for 20 years 2.9 Paul’s aunt reports the case to the Coroner who conducts an investigation into Paul’s case. The hospital gives copies of all the records to the Coroner. The doctors and nurses answer questions about Paul’s condition. Are the hospital, or the doctors and nurses, committing an unlawful breach of confidentiality or privacy under the Health Records and Information Privacy Act 2002 (NSW)? No- 2.10 Provide a rights perspective on a decision to withdraw life- prolonging treatment from a dying patient and a direction that a drug should be given to hasten the patient’s death.

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