An Individual's Right to Accept or Refuse Treatment or Select Alte

[grace]

An Individual's Right to Accept or Refuse Treatment or Select Alternative Treatment

 

In Canada, the Ontario Court of Appeal, in Malette and Shulman, awarded damages against a doctor who transfused blood into a patient who was unconscious as a result of a motor accident, but who carried a card saying that she would refuse blood transfusions. In delivering the court's judgment Justice Robins stated:

 

“A competent adult is generally entitled to reject a specific treatment, or all treatment, or to select an alternate form of treatment, even if the decision may entail risks as serious as death and may appear mistaken in the eyes of the medical profession or of the community. Regardless of the doctor's opinion, it is the patient who has the final say on whether to undergo the treatment. ... The doctrine of informed consent is plainly intended to ensure the freedom of individuals to make choices concerning their medical care. For this freedom to be meaningful, people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.”

 

Justice Robins added:

 

“Recognition of the right to reject medical treatment cannot be said to depreciate the interest of the state in life or in the sanctity of life. Individual free choice and self-determination are themselves fundamental constituents of life. To deny individuals freedom of choice with respect to their health care can only lessen, and not enhance, the value of life. The state's interest cannot properly be invoked to prohibit Mrs Malette from choosing for herself whether or not to undergo blood transfusions.”

 

Justice Robbins also stated:

 

“The right to determine what shall be done with one's own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of self determination and individual autonomy are based. Free individual choice in matters affecting this right should, in my opinion, be accorded very high priority.”

 

In England, in Re T (Adult: Refusal of medical treatment) the House of Lords has made it plain that the right to refuse medical treatment extends even to the point where refusal will result in the likely or certain death of the patient. Lord Donaldson acknowledged that there is an:

 

“absolute right to choose whether to consent to medical treatment, to refuse it or to choose one rather than another of the treatments being offered ... notwithstanding that the reasons for making the choice are irrational, unknown or even non- existent.”

 

Lord Donaldson also said:

 

“This situation gives rise to a conflict between two interests, that of the patient and that of the society in which he lives. The patient's interest consists of his right to self-determination - his right to live his own life how he wishes, even if it will damage his health or lead to his premature death. Society's interest is in upholding the concept that all human life is sacred and that it should be preserved if at all possible. It is well established that in the ultimate the right of the individual is paramount.”

 

In Australia, the same doctrine has been affirmed by superior courts.

 

In F against R the Supreme Court of South Australia considered a surgeon's duty to inform the patient of the risk that an operation will not succeed in its aim. Chief Justice King stated:

 

“The governing consideration is the right of every human being to make the decisions which affect his own life and welfare and to determine the risks which he is willing to undertake."

 

In Rogers and Whitaker, the High Court stated that:

 

"the courts have also adopted the principle that, while evidence of acceptable medical practice is a useful guide for the courts, it is for the courts to adjudicate on what is the appropriate standard of care after giving weight to "the paramount consideration that a person is entitled to make his own decisions about his life."

 

[bufo marinus]

Keep fighting the good fight grace.

I'm really proud to be your friend thanks for all the info you post and all the people you have helped. Your a true champion

[Radic]

In F against R the Supreme Court of South Australia considered a surgeon's duty to inform the patient of the risk that an operation will not succeed in its aim. Chief Justice King stated:

 

“The governing consideration is the right of every human being to make the decisions which affect his own life and welfare and to determine the risks which he is willing to undertake."

 

In Rogers and Whitaker, the High Court stated that:

 

"the courts have also adopted the principle that, while evidence of acceptable medical practice is a useful guide for the courts, it is for the courts to adjudicate on what is the appropriate standard of care after giving weight to "the paramount consideration that a person is entitled to make his own decisions about his life."

yes i

thanx and praize

that gives we the right to choose cannabis theripy as an alturnitive in the courts

and now that cannabis is S8

we can put forward scientific evidince that cannabis is a medicine and they hafe accept it

next step is 0z compasionate act

soon come

thanx znd praize grace

forward ever

free cannabis

free the world

[cybergenesis]

The patient's interest consists of his right to self-determination - his right to live his own life how he wishes, even if it will damage his health or lead to his premature death.

 

Wow according to this logic people should not only be able to consume pot, but in fact potentially dangerous drugs (if misused) such as heroin if they so choose. It means that people should be able to smoke marijuana, even if it does harm their health, however the strong evidence is the harm to health caused by cannabis is low, and can largely be avoided by consuming marijuana via routes other than smoking.

 

Look I understand when society says okay something like cocaine is not to be legal. The two drugs of addiction I hate the most are cocaine and methamphetamine (and psychostimulant abuse in general). I can't see that cocaine or methamphetamine can be used safely, especially once an addictive cycle has developed. Then again I do know some people that just do these drugs a couple of times per year and are otherwise respectable, balanced people.

 

But I have always believed that with the majority of drugs, it should be up to the individual.

 

Now when you get a very safe drug like marijuana being illegal even for adults, it makes me angry.

 

I talked to a person recently who said they would never smoke marijuana because it is illegal. They honestly believed if they smoked marijuana they may lose their kids to child protection.

 

That's why I disagree with it being illegal because people thus view it as immoral for the mere fact its against the law.

 

Oh I just noticed the medical marijuana disclaimer...

 

Why bother saying that negative effects can result from cannabis? I mean this is obvious but the negative effects are pretty mild and non-dangerous and the main negative effect is paranoia / anxiety which can be avoided by taking a small dose in most cases.

 

I'm not sure I've heard of an allergic reaction to cannabis, though of course an allergic reaction is possible to almost anything.

 

I do agree that people with uncontrolled heart problems are a special population that should be cautious when cannabis, then again any other drug. Do not use cannabis if you have heart disease until at least your condition is very stable.

 

I strongly disagree with the statement that a small percentage of people get a high heart rate and anxiety from cannabis and should not use it.. Disagree.

 

I am one of these people. I have had some severe anxiety attacks from cannabis (in the beginning of smoking it) and in some of these anxiety attacks my heart rate has been around 160 BPM. However my anxiety was caused by taking an amount which was too high when I had no tolerance to the drug, and probably just by the fact that because marijuana is an intense experience, and I am a disposition towards worrying about my health, that the experience initially was too much and resulted in anxiety. however often adjusting the amounts I have consumed, and having become used to cannabis I have almost no problems with anxiety, very occasionally I have mild anxiety almost always when I have had a couple of days break but decided to consume a whole heap in an effort to get "super stoned". I myself have been diagnosed with Panic Disorder and Generalized Anxiety disorder when I was younger.I used to be very neurotic, but believe it or not the thing that seemed to reduce my anxiety the most was quitting cigarettes, although I believe the effect was delayed and took several months to fully occur. So my point is that people with anxiety disorder or who have anxiety reactions to cannabis can still smoke it. I am not the only person that has had a significant anxiety reaction to cannabis, but focused on moderating the amount i take and found the problem controllable. People currently in the midst of an acute anxiety disorder may be prudent to avoid pot, but generally having a disposition towards anxiety really means you should just be more cautious and take smaller amounts of marijuana (until you get used to it). In fact now I can smoke larger amounts than most other pot smokers and not get anxiety.

 

I know I'm going on a bit, but I drank a lot of coffee etc, I'm just in a talkative mood, going a bit off topic but I'd like to address the asthma issue. My general experience has been that people with severe asthma can have their asthma significantly worsened by smoking cannabis. Some asthmatics can get away with smoking cannabis, however, they may have to be cautious and adjust their asthma medications. Probably for asthmatics the best way of taking pot, is to avoid smoking. I believe that ingesting marijuana may have beneficial effects for asthma without the smoke irritating asthma, however my experience is that while if your having asthma it doesn't hurt to ingest pot, its unlikely to provide the sort of relief that normal asthma medications like ventolin do. however if your asthma is very bad (as mine has been when I had bronchitis) ingesting marijuana may assist your normal medications in controlling your asthma.

 

End rant