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Withdrawal and Withholding of Medical Treatment

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2011

Abstract

The making of an end of life decision making represents worldwide one of the most difficult issues that physicians can be confronted with - not only it should it be regarded as consisting of medical and legal aspects, but as well the ethics and moral values are is present as well. Furthermore, it shall not be supposed pretended that the economic parameter is negligible, unfortunately even to the contrary.

The fact that the decision is often made by physicians under the pressure caused by a the system of limited resources (and therefore it can not avoid being distorted deformed) must be kept in mind. At any rate Anyway, according to the Czech law under which neither assisted suicide nor euthanasia is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment.

These also shall be pleaded as defences in eventual criminal proceedings.