• J Palliat Care · Jan 2004

    Review

    Unilateral withholding and withdrawal of potentially life-sustaining treatment: a violation of dignity under the law in Canada.

    • Jocelyn Downie.
    • Health Law Institute, Faculty of Law, Dalhousie University, Halifax, Nova Scotia, Canada.
    • J Palliat Care. 2004 Jan 1;20(3):143-9.

    AbstractIn this paper, I review Canadian law in relation to the unilateral withholding or withdrawal of potentially life-sustaining treatment, and I look at such questions as whether physicians are legally permitted to unilaterally put a do-not-resuscitate (DNR) order on a patient's chart. I explore who has the legal authority in Canada to decide on withholding and withdrawal of potentially life-sustaining treatment, and I conclude that unilateral withholding and withdrawal is a violation of the strong social commitment to dignity as it is understood and reflected in the law by the Supreme Court of Canada. I then offer a concrete proposal for institutional policy with respect to unilateral withholding and withdrawal of treatment in light of the law.

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