NSW Caselaw
Reported Decision : 74 NSWLR 88
New South Wales Supreme Court
CITATION : Hunter and New England Area Health Service v A [2009] NSWSC 761
HEARING DATE(S) : 15 July 2009
JUDGMENT DATE : 6 August 2009
JURISDICTION : Equity Division
JUDGMENT OF : McDougall J at 1
DECISION : See paragraph [61] of the judgment.
CATCHWORDS : MEDICINE - medical practitioners - refusal of medical treatment - unconscious patient - advance care directive stating patient's desire to refuse certain treatments - whether directive was a valid indication of patient's desire - capacity - whether patient had capacity to decide to refuse treatment when directive made - patient's right of self-determination even where withdrawal of treatment would have life threatening consequences. - PRACTICE - approach to be taken by medical practitioners - application to court - desirable where uncertainty exists regarding capacity or intention of unconscious patient.
LEGISLATION CITED : Guardianship Act 1987
CATEGORY : Principal judgment
Airedale NHS Trust v Bland [1993] AC 789 F v R (1983) 33 SASR 189 F v West Berkshire Health Authority (Mental Health Act Commission Intervening) [1990] 2 AC 1 In re AC 573 A 2d 1235 (1990) CASES CITED : Malette v Shulman 67 DLR (4th) 321 (1990) Re Bridges [2001] 1 Qd R 574 Re MB [1997] 2 FCR 514 Rogers v Whitaker (1992) 175 CLR 479 Schloendorff v Society of New York Hospital (1914) 211 NY 125
PARTIES : Hunter and New England Area Health Service (Plaintiff) A by his tutor T (Defendant)
FILE NUMBER(S) : SC 3683/09
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