§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether they have considered the British Medical Association Guidelines and Code of Practice on Advance Statements about Medical Treatment; and whether they have made any response to those guidelines. [HL4465]
§ Lord Hunt of Kings HeathThe Government have considered these guidelines and code of practice carefully. In the policy statementMaking Decisions the Government recognised that, together with guidance contained in case law, they provide clarity and flexibility to enable the validity and applicability of advance statements to be decided on a case by case basis.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether and on what grounds they differentiate between advance directives and advance refusals; what definition they use of the meaning of the phrase "a patient's best interests"; and in what precise circumstances they consider that definition to include intentionally bringing about the death of a patient by action or omission. [HL4469]
§ Lord Hunt of Kings HeathAdvance statements are anticipatory decisions made while a person is capable which are intended to give effect to that person's wishes as to how he or she shall be treated or cared for after the loss of capacity. An advance statement can be concerned with the refusal of medical treatment and are then sometimes known as advance directives.
A patient's best interests includes their physical and psychological health, well-being, quality of life, relationship with family and other carers, spiritual and religious welfare.
Medical treatment given to the patient with the primary purpose of inducing death is illegal, Anyone alleged to have undertaken such action would be open to a charge of murder or manslaughter.
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