Medical Law: Introduction to Healthcare Law and Ethics - Assignment Example

Autonomy is based upon an individual’s self-governance and self-ownership and is footed upon “respect for persons” which explains that all individuals have the privilege to make their own choice and to establish their life plans.

Beauchamp and Childress (2012) developed four principles of autonomy footed upon principlism which consists of the principle of beneficence, respect for autonomy, justice and non-maleficenceBeauchamp and Childress (2012) developed four principles of autonomy footed on principlism which consist of the principle of beneficence, respect for autonomy, justice, and non-maleficence. Non-beneficence takes into account benefits and risks to the patient, beneficence takes into consideration the patient’s best interest, and justice takes into account what is right or fair for the patient1. Casuistry refers to a scenario where different cases affect the moral principles selected. Unlike principlism, in making an ethical decision is to look upon the like cases, and from those, one has to find a solution to the scenario at hand.

In a terrible accident in 1973, Dax Cowart, an American pilot, met an accident whose body was almost completely burned by a propane explosion. He refused medical treatment at the hospital. However, physicians overlooked his request and offered treatment and he was an in-patient for more than 10 years! In the 10 years, Dax begged to the doctors to let him die as he experienced severe suffering and pain. Later, Dax got a law degree and vehemently argued in public that the patient should have the right to be permitted to die, and even now, he still trusts that at the time of the accident, the doctors should have allowed him to die2.

Under General Medical Council (GMC) regulations, in the UK, if a patient can consent, then, he has the privilege to turn down the medical treatment even if it results in death due to discontinuance. In Re B (Adult, refusal of medical treatment)3, B was kept under artificial ventilation and she asked the doctors to remove the same whereas doctors refused to do it. B whose mental capacity was unaffected by her ailment, got a declaration from the court that the hospital was functioning unlawfully.