Self-Determination and Individual Autonomy

Self-Determination and Individual Autonomy

The right to determine what shall be done with one’s own body is a

Fundamental right in our society. The concepts inherent in this right

are

Bedrock upon which the principles of self-determination and individual

Autonomy is based.

In regard to the autonomy, the judgement [handed by Dame Elizabeth

Buttler-sloss, the president of family division of high] that causes

surprises to medical lawyer, that is, the competent patient’s right to

decide for himself whether to submit to medical treatment, over other

imperatives, such as his best interests should be objectively

considered. This has been clearly established in a number of decision

prior Ms B’ case. The autonomy principle will prevail even in case of

refusals of life-saving treatment.

This principle approved and developed by Dame Elizabeth Buttler-Sloss.

A mentally competent patient has the right to refuse consent to

medical treatment. In this case, Dr Walter Smith made advance

directive before his condition deteriorated about refuse medical

treatment, when the refusal will mean death. I accept that he had the

capacity when the directive was written; however, Dr Smith has no

capacity now. Since the advance directive was made when he has the

capacity to decide, although the principle of sanctity of life is not

absolute, as the right of self-determination means the right to live

his own life how he wishes, even if it will damage health or lead to

premature death. Doctors have to make consideration to what the

patient capacity to decide to decide at the time the decision was

made. While the decision of the patient remains paramount.

In 1990, Doctor Smith made his living will to make his family know his

wishes regarding his treatment when he will no longer capable to make

decision. His wishes was recorded, but unfortunately in early nineties

there was no statutory authority for living wills.

The guidance adds that cardiopulmonary resuscitation (CPR) has a low

success rate, especially for patients with serious conditions who are

in poor general health.