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Report No. 196

Balcombe LJ made another significant remark:

"Courts in the United States of America have also been faced with similar cases and the problem has been the subject of discussion at legal conferences. Nevertheless, neither in this country nor, so far as I know, elsewhere has the legislature attempted to lay down the guidelines for the Courts or others faced with a problem of the type that arises in this case".

In this case, there is also significant remark which came from Lord Donaldson was that in these type of cases, the name of the patient as well as opinions of professors etc., should be kept confidential and not referred to in the judgment of the Court. He stated:

"What is required in such cases is that the Judge should give judgment in open Court, taking all appropriate measures to preserve the personal privacy of those concerned. Thus, in this judgment, I have quoted extensively from the Professor's advice without, I hope, giving any clue as to his identity or that of C, her parents or the authority involved."

Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) Back

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