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Report No. 241

11. Protection of medical practitioner and other acting under their direction in relation to competent and incompetent patients:

Where a medical practitioner or any other person acting under the direction of the medical practitioner withholds or withdraws medical treatment.

(a) in respect of a competent patient, on the basis of the informed decision of such patient communicated to the medical practitioner for such withholding or withdrawal, or

(b)(i) in respect of a competent patient who has not taken an informed decision, or

(ii) in respect of an incompetent patient, and the medical practitioner takes a decision in the best interests of the patient for withholding or withdrawal of such treatment, Such action of the medical practitioner or those acting under his direction, and of the hospital concerned, shall be deemed to be lawful, provided only where the medical practitioner has complied with the of sections 5, 6 and 8.

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