The role of the court in ethical decision making

Abstract

The medical profession generally is uncertain both as to the circumstances in which the guidance of the courts can be sought in relation to ethical decisions regarding individual patients and the way to go about requesting such guidance. The machinery is under used although the courts encourage its use in all 'boundary line' decisions: these are decisions involving competence in its widest sense, including uncertainties as to whether the patient is competent or not and rulings or declarations in respect of those patients who are either temporarily or permanently incompetent by virtue of age, psychological disorder or circumstance.