Skip to content

UK Supreme Court Decision Means Patients No Longer Forced to Live

UK Supreme Court Decision Means Patients No Longer Forced to Live

By Mackenzie Graham

On July 30, The UK’s Supreme Court ruled that there is no requirement to obtain court approval before withdrawing clinically assisted nutrition and hydration (CANH), when there is agreement between physicians and the family that this is in the best interests of the patient.

In the judgement, Lady Black writes:

“If the provisions of the MCA [Mental Capacity Act] 2005 are followed and the relevant guidance observed, and if there is agreement upon what is in the best interests of the patient, the patient may be treated in accordance with that agreement without application to the court.”

Until now, requests to withdraw CANH needed to be heard by the Court of Protection to determine if withdrawing treatment was in the patient’s best interest. In addition to being emotionally difficult for families, this is a time-consuming and expensive process, and often results in the patient dying before a judgement is rendered.

I think this decision has much to be said in its favour. First, it means that when there is agreement that continued treatment is no longer in the best interests of a patient with a prolonged disorder of consciousness, these patients are no longer being ‘forced to live’ until the Court affirms that being allowed to die is in their best interests. In many cases, court decisions take months, meaning that a patient is forced to be kept alive, against their best interests and the wishes of their family. Making the decision to withdraw care from a loved one is highly distressing, and this is likely further compounded by the burden and distraction of court proceedings.

Read More »UK Supreme Court Decision Means Patients No Longer Forced to Live

The Dangers Of Deferring To Doctors

By Charles Foster

(Image: tctmd.com)

There is a dizzying circularity in much medical law. Judges make legal decisions based on the judgments of rightly directed clinicians, and rightly directed clinicians make their judgments based on what they think the judges expect of them. This is intellectually unfortunate. It can also be dangerous.

There are two causes: Judges’ reluctance to interfere with the decisions of clinicians, and doctors’ fear of falling foul of the law.

In some ways judicial deference to the judgment of professionals in a discipline very different from their own is appropriate. Judges cannot be doctors. The deference is best illustrated by the famous and ubiquitous Bolam test, which is the touchstone for liability in professional negligence cases.1 A doctor will not be negligent if their action or inaction would be endorsed by a responsible body of professional opinion in the relevant specialty.

In the realm of civil litigation for alleged negligence this deference is justified. The problem arises when the deference is exported to legal arenas where it should have no place. The classic example relates to determinations of the ‘best interests’ of incapacitous patients. Something done in relation to an incapacitous patient will only be lawful if it is in that patient’s best interests.Read More »The Dangers Of Deferring To Doctors

Should Gene Editing Be Compulsory?

Written by Julian Savulescu

Hypothetical Case 1: Enzyme Replacement Therapy for Gaucher’s Disease

Consider a hypothetical version of a real life disease, Gaucher’s Disease. Gaucher’s disease is an inherited disorder caused by a genetic mutation. The mutation means an enzyme–  glucocerebrosidase — is not produced. A a result, glucerebrosides (fats) build up, damaging cells. This can cause bone fractures, liver enlargement, and bleeding but most importantly, brain damage. Once this has occurred it is irreversible.

Enzyme Replacement Therapy (ERT) is now available and for the purposes of this hypothetical case, the treatment offered, if given from the moment of birth, will prevent all damage (in real life current enzyme replacement treatments do prevent most symptoms, but do not affect nervous system involvement).

In our hypothetical case, a child is born to parents known to carry the mutation for Gaucher’s Disease, and prenatal testing has already confirmed that the baby is affected. ERT must be started at birth in order to prevent brain and other damage. However, the parents are Christian Scientists and refuse medical treatment. They believe prayer can cure their child’s condition.

Doctors are concerned the missing enzyme needs to be replaced before the child’s brain is damaged. They take the case to court where judges agree that therapy is in the child’s best interests.

Read More »Should Gene Editing Be Compulsory?

What’s Wrong With Simulation in Football?

Written by Doug McConnell

The 2018 edition of the football world cup has brought with it a renewed bout of hand wringing over ‘simulation’, e.g. players falling, diving, and tumbling under imaginary fouls, rolling around in mock pain, or clasping their faces pretending to have been hit. Stuart James writes in the Guardian that “play-acting has been commonplace at this World Cup. It’s become a cancer in the game, not just a stain on it, and Fifa needs to find a cure.” But what exactly is wrong with this behaviour? Why is the rise of this behaviour ‘a cancer in the game’?Read More »What’s Wrong With Simulation in Football?

Video Interview: Richard Holton on Addiction

Is addiction within or beyond our control? What turns something into an addiction? What should we do (more of) to tackle addiction? In this interview with Dr Katrien Devolder (philosophy, Oxford), Professor Richard Holton (philosophy, Cambridge) discusses these questions.  

The Psychology of Uncertainty, Vaccinations, and Protecting the Most Vulnerable: Was Rawls Right After All?

written by Andreas Kappes (@AnKappes), Anne-Marie Nußberger (@amnussberger ), Molly Crockett (@mollycrockett ) & Julian Savulescu  (@juliansavulescu)

Measles is making a comeback in Britain and Europe with numbers rising to record levels this year. Last year in Europe, measles killed 35 people, including young children . The re-emergence of measles can be traced to falling rates of vaccination and might make you want to re-think your summer plans. Crowded environments with low levels of hygiene, also known as summer festivals, are something to avoid if unsure about whether you have been properly vaccinated. And maybe re-think going for holidays to Romania, Italy and Greece, the countries with the highest rates of measles outbreaks this year.

But of course, even if you are not vaccinated, your chances of getting measles are low. And if you are infected, dying from measles is rare. The people that die during measles outbreaks are vulnerable babies that are too young to be vaccinated and unvaccinated people with compromised immune systems. And what are the chances that you infect one of these vulnerable people? Extremely low. Your intuition then might be that even if you are unsure about your vaccination status, the low odds don’t seem to justify the effort to engage with the NHS or any other health care provider. Maximize your benefits, and others will surely be fine. Individually, this feels right, but for the communities and countries we live in, this is disastrous, slowly eroding herd immunity that protects the most vulnerable.

Read More »The Psychology of Uncertainty, Vaccinations, and Protecting the Most Vulnerable: Was Rawls Right After All?

Pain for Ethicists #2: Is the Cerebral Cortex Required for Pain? (Video)

Here’s my presentation from the UQAM 2018 Summer School in Animal Cognition organised by Stevan Harnad: I also highly recommend Jonathan Birch’s talk on Animal Sentience and the Precautionary Principle and Lars Chittka’s amazing presentation about the minds of bees. Thanks again to EA Grants for supporting this research as well as my home institutions Uehiro & WEH. And… Read More »Pain for Ethicists #2: Is the Cerebral Cortex Required for Pain? (Video)

Video Interview: Richard Holton on Dementia and the Social Self

In this interview with Dr Katrien Devolder (Philosophy, Oxford), Professor Richard Holton (Philosophy, Cambridge) argues that those interacting with people suffering from dementia have an important role to play in buttressing their identity. He also discusses the implications of his views for the role of family and friends in medical decision-making for those with dementia,… Read More »Video Interview: Richard Holton on Dementia and the Social Self

Free Will Sceptics: We’re Not So Bad.

Written by Neil Levy

A number of philosophers and psychologists suggest that belief in free will – whether it is true or not – is important, because it promotes prosocial behavior. People who disbelieve in free will might become fatalists, holding that their choices make no difference to how events play out, because they’re already determined (say). They might think that our lives lack value, in the absence of free will, and therefore that they do not deserve respect. There is, on most accounts of free will, a close link between free will and moral responsibility: if we lack free will, we’re not morally responsible. This link provides a third path whereby lack of belief in free will might lead to antisocial behavior: because people believe that they do not deserve blame for acting badly, they might be less motivated to act well.Read More »Free Will Sceptics: We’re Not So Bad.

Pain for Ethicists: What is the Affective Dimension of Pain?

This is my first post in a series highlighting current pain science that is relevant to philosophers writing about well-being and ethics.  My work on this topic has been supported by the W. Maurice Young Centre for Applied Ethics, the Oxford Uehiro Centre for Practical Ethics, and the Wellcome Centre for Ethics and Humanities, as well as a generous grant from Effective Altruism Grants. 

There have been numerous published cases in the scientific literature of patients who, for various reasons, report feeling pain but not finding the pain unpleasant. As Daniel Dennett noted in his seminal paper “Why You Can’t Make A Computer That Feels Pain,” these reports seem to be at odds with some of our most basic intuitions about pain, in particular the conjunction of our intuitions that ‘‘a pain is something we mind’’ and ‘‘we know when we are having a pain.’’ Dennett was discussing the effects of morphine, but similar dissociations have been reported in patients who undergo cingulotomies to treat terminal cancer pain and in extremely rare cases called “pain asymbolia” involving damage to the insula cortex.Read More »Pain for Ethicists: What is the Affective Dimension of Pain?