ABSTRACT

Competent adults have a right to refuse medical treatment, even when doing so may result in permanent physical injury or death. If a competent adult refuses consent or lacks the competence to provide consent, no one can provide consent on his behalf, not even his next of kin. That having been said, treatment without consent can be given under Common Law:

Z If serious harm or death is likely to occur and there is doubt about the patient’s competence at the time, and no advanced directive has been made. The clinician must be able to justify that he is acting in the “best interests” of the patient, and in accordance with established medical practice.