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Report No. 196

(26) Re S (Hospital Patient: Court's Jurisdiction) (1996 Jan 1).

In this case, Sir Thomas Bingham MR said (p 18):

"In cases of controversy and cases involving momentous and irrevocable decisions, the Courts have treated as justiciable any genuine question as to what the best interests of a patient require or justify. In making these decisions, the courts have recognized the desirability of informing those involved whether a proposed course of conduct will render them criminally or civilly liable, they have acknowledged their duty to act as a safeguard against malpractice, abuse and unjustified action; and they have recognized the desirability, in the last resort, of decisions being made by an impartial, independent tribunal."

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

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