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Consultation Paper on Bioethics - Law Reform Commission

Consultation Paper on Bioethics - Law Reform Commission

Consultation Paper on Bioethics - Law Reform

BIOETHICS: ADVANCE CARE DIRECTIVES (LRC CP 51 – 2008)

  • Page 3 and 4: CONSULTATION PAPER BIOETHICS: ADVAN
  • Page 5 and 6: MEMBERSHIP Law Reform Commission co
  • Page 7 and 8: ADMINISTRATION STAFF Head of Admini
  • Page 9: ACKNOWLEDGEMENTS The Commission wou
  • Page 12 and 13: C United States of America 43 (1) R
  • Page 14 and 15: (4) Professional Regulation 139 C S
  • Page 16 and 17: The Health Care Directives and Subs
  • Page 18 and 19: Leame v Bray (1803) 3 East 593 Eng
  • Page 21 and 22: INTRODUCTION A Background to the pr
  • Page 23 and 24: minor health care decisions 11 and
  • Page 25 and 26: psychiatric advance directive made
  • Page 27 and 28: 1 CHAPTER 1 ORIGINS AND NATURE OF A
  • Page 29 and 30: form, continues. Some patients, how
  • Page 31 and 32: asset), the patient as the benefici
  • Page 33 and 34: 1.17 While the Commission does not
  • Page 35 and 36: to one‟s body. 32 Consequently, t
  • Page 37 and 38: Medical Council 39 contributed to t
  • Page 39 and 40: service.” 48 More importantly, ho
  • Page 41 and 42: Minister for Education 60 it is unl
  • Page 43 and 44: artificial aids, such as being fed
  • Page 45 and 46: and parents agreed that if R were t
  • Page 47 and 48: alleviate severe pain, as well as t
  • Page 49 and 50: However the refusal of life-sustain
  • Page 51 and 52: decision. 104 The Commission believ
  • Page 53:

    “tools that facilitate making dif

  • Page 56 and 57:

    “…there are very powerful argum

  • Page 58 and 59:

    would be respected by an Irish cour

  • Page 60 and 61:

    the status quo pending a judicial d

  • Page 62 and 63:

    The Commission therefore concluded

  • Page 64 and 65:

    second generation of statutes emerg

  • Page 66 and 67:

    passive implementation by medical s

  • Page 68 and 69:

    “…a patient of sound mind may,

  • Page 70 and 71:

    eluctance to give pronouncements on

  • Page 72 and 73:

    withdraw life-sustaining measures,

  • Page 74 and 75:

    G Europe (1) The European Conventio

  • Page 76 and 77:

    advances. 107 While the majority of

  • Page 78 and 79:

    We urge them to use the Policy as a

  • Page 80 and 81:

    examination or treatment which is c

  • Page 82 and 83:

    2.55 In 2008 in Health Service Exec

  • Page 84 and 85:

    situation based on religious belief

  • Page 86 and 87:

    (subject to constitutional consider

  • Page 88 and 89:

    individuals avail of advice and cou

  • Page 90 and 91:

    the British government chose not to

  • Page 92 and 93:

    interventions.” A patient who wan

  • Page 94 and 95:

    that in Irish law there is a rebutt

  • Page 96 and 97:

    and the assessment of capacity shou

  • Page 98 and 99:

    constitutional rights and conclude

  • Page 100 and 101:

    (c) Australia which may arise relat

  • Page 102 and 103:

    treatment it shall not be necessary

  • Page 104 and 105:

    maturity to understand what is invo

  • Page 106 and 107:

    ight to say yes must carry with it

  • Page 109 and 110:

    4 CHAPTER 4 FORMALITIES FOR ADVANCE

  • Page 111 and 112:

    This leaves less scope for the exis

  • Page 113 and 114:

    ecord of the oral advance care dire

  • Page 115 and 116:

    (2) Without limiting subsection (1)

  • Page 117 and 118:

    maker of the advance decision or by

  • Page 119 and 120:

    person making the advance care dire

  • Page 121 and 122:

    that the Irish Council for Bioethic

  • Page 123 and 124:

    4.42 The case has been criticised o

  • Page 125 and 126:

    treatment (including life-sustainin

  • Page 127 and 128:

    2. The kind of medical treatment yo

  • Page 129 and 130:

    “Whilst an unconscious patient in

  • Page 131 and 132:

    The author changed their mind and c

  • Page 133 and 134:

    4.68 The Commission provisionally r

  • Page 135 and 136:

    Capacity Act 2005 does little to cl

  • Page 137 and 138:

    applicable in the circumstances whi

  • Page 139 and 140:

    “long can be the road from the dr

  • Page 141 and 142:

    5 CHAPTER 5 FRAMEWORK FOR COMPLIANC

  • Page 143 and 144:

    that the case “is not about eutha

  • Page 145 and 146:

    lacking capacity. 19 As the Commiss

  • Page 147 and 148:

    associated with unwanted lifesaving

  • Page 149 and 150:

    suffered directly from the negligen

  • Page 151 and 152:

    transfusions, but a nurse found a s

  • Page 153 and 154:

    „being versus non-being‟.” 59

  • Page 155 and 156:

    (v) Infliction of emotional sufferi

  • Page 157 and 158:

    in similar circumstances. 86 Staugh

  • Page 159 and 160:

    Ireland, there existed a large and

  • Page 161 and 162:

    (c) the attachment of conditions to

  • Page 163 and 164:

    The most obvious difference between

  • Page 165 and 166:

    “A health provider is not affecte

  • Page 167 and 168:

    danger that the more uncertain a di

  • Page 169:

    efusal of treatment must be respect

  • Page 172 and 173:

    when making an advance care directi

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