Medicine and law
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This paper examines the present law in England and Wales concerning the sterilisation of women who are unable to give valid consent to medical treatment. In particular, it considers why sterilisation is frequently presented as the only meaningful reproductive choice that can be made by or on behalf of women with learning disabilities. ⋯ Furthermore, the best interests of the adult patient are determined by reference to the 'Bolam' test. This paper questions whether the Bolam test is the appropriate mechanism for determining the patient's best interests, having particular regard to the Australian model of decision-making for the intellectually impaired.
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The burdens of life with treatment may outweigh the benefits. Under which set of circumstances and to what extent a neonate should receive medical intervention is a difficult ethical issue involving principles and cultural aspects which may be in conflict. The nature of the disease, the risks involved in treatment or non-treatment, the degree to which therapy will extend life, the discomfort associated with therapy, the anticipated quality of life, the wishes of surrogates, and national cultural mores are the important considerations in determination of the neonate's best interest in order to arrive at ethically defensible decisions. These decisions are not necessarily cross-culturally uniform.
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Modern neonatal intensive care technology enhances the ability to maintain vulnerable newborns. In some circumstances survival may be insufficient justification for care. "End of life" strategies, originally applicable to adults, are being considered for newborns. Unresolved ethical issues in the care of these newborns involve multiple considerations. ⋯ The benefits to a newborn of treatment may fail to overcome the burdens of subsequent life. Under what circumstances a newborn loses the right to have life prolonged becomes a difficult ethical issue. With time and debate the proper response will become implemented.