http://www.abc.net.au/worldtoday/content/2005/s1328140.htm
http://www.abc.net.au/worldtoday/content/2005/s1328140.htm
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Schiavo case goes to heart of principles of medical ethics | PRINT FRIENDLY | EMAIL STORY |
The World Today - Monday, 21 March , 2005 12:18:00Reporter: Edmond RoyELEANOR HALL: So, how would such a case be handled in Australia? Medical ethicists here agree that most decisions about life support are dealt with by the physician, the family and the patient. But nevertheless, there have been instances when the courts have become involved.Edmond Roy spoke Dr Roseanna Capolingua, Chair of the Australian Medical Association's Ethics and Medico Legal committee. ROSEANNA CAPOLINGUA: This woman is actually not in a coma, she is alive. You could draw parallels to many people who are in prolonged care in Australia. You could look at children who are fed, who have disability. You could look at people who've had strokes, who are being cared for and fed, whether they're fed by a carer or whether they have a line in feeding them, it's the same thing. It is providing essential care for the maintenance and respect of that life. In this situation the court has ruled that that should be taken away, and the woman will die. So, it is not something that is legal or accepted in Australia, and we don't need to follow the American path here. EDMOND ROY: Have there been similar cases, though? ROSEANNA CAPOLINGUA: I don't think there's been a case where sustained sort of care has been an issue. Certainly, every now and again, and in fact last year I think on the East Coast of Australia there was a case where life support? as in a patient was in intensive care to maintain life, and the doctors felt that there was really absolutely no avenue of recovery, the complications of the intensive care was quite significant for the patient, and the family in this case did not want the intensive care support removed, and the doctors recommended that it should be removed, and that case went to the courts here. But usually what happens in acute situations is that decisions are resolved quite calmly, quite clearly between the guardians or the parents or relatives of the individual patient and the doctors caring, in the best interests of the patient. And that's in the acute situations. In the long-term care situation, long-term care is provided and sustained for the term of the person's natural life. EDMOND ROY: Now that, as you say, is also the ideal situation, but nevertheless the courts are there and are used? ROSEANNA CAPOLINGUA: Very occasionally the courts are used. Recently in WA, Princess Margaret Hospital, the children's hospital here, went to the court for a ruling with regards the use of a blood transfusion in a 14-year-old Jehovah's Witness, who was undergoing chemotherapy. The family were refusing to allow the child to have the transfusion. The doctors felt, obviously, the child was going to die if he did not receive the transfusion, and went to the court, and the court ruled that the transfusion should be given. It is an uncommon occurrence. Usually things are resolved between family and the doctors, the clinicians. But, again, that's in an acute situation. This is a scenario where someone has been in long-term care, where there aren't really medical complications occurring, the patient is relatively "well", in inverted commas. They may not be living a normal life, as you and I would view it, but they have life which in this case is quite obvious when you see photographs or film footage of this particular person, and she has only been requiring the feeding to sustain her, and proper nursing care. So, the decision to remove that from her is really a decision to kill her. The implications of? certainly it's not acceptable in Australian law, and the implications of these sorts of decisions allow for a great deal of concern. Remember, these people often cannot speak up for themselves, but they still have rights, and we need to make sure that the best interests of that person are always protected. ELEANOR HALL: The Australian Medical Association's Doctor Roseanna Capolingua speaking to Edmond Roy. |