Law 5110 Study Guide - Quiz Guide: Homicide, Assisted Suicide, Conjoined Twins
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Smith 1979 d"s wife, v, would not allow him to call a doctor during a home-birth of a stillborn child. Eventually she gave d permission but it was too late and she died. Consider whether the weight that it is right to give to his wife"s wish to avoid calling a doctor against her capacity to make rational decisions. If she does not appear too ill it may be reasonable to abide by her wishes. If she appears desperately ill then whatever she may say it may be right to override . Re b (consent to treatment: capacity) 2002 confirmed that provided v is rational, she may release d from a duty to act. (discontinuation of life support doctors were released from their duty through d"s apparent rational notice). Airedale nhs trust v bland 1993 if an adult of sound mind refused treatment then people responsible for the patient would have to respect that.
