Autonomy: Your Right to Refuse Consent to Treatment
In the medical sector a patient’s autonomy is considered to be one of the most fundamental ethical principles, centring around that of the patient’s informed consent. But say for instance that a situation, such as an accident or illness, rendered you incapable of making a decision, what happens then? This is when a living will is called upon. With a living will you can stipulate your autonomy, including to refuse consent to treatment when you don’t want be kept alive artificially.
Although a living will is not as yet recognised as a legal document in South Africa’s statute law, it is however in coherence to Section 12 of the Constitution that states that “everybody has the right to bodily and psychological integrity”. This means that with a living will, you can call upon your rights to autonomy to refuse consent to treatment.
In order to draw up a living will you will require the services of a medical attorney. As the belief of autonomy in medicine is the central premise of the concept of informed consent, it is required that you clearly appreciate and understand the possible implications and consequences of your decision. Thus, only when your attorney is certain that you understand your chosen decision to practice your rights of autonomy to refuse consent to treatment, will your living will be viable in a situation where you can’t decide.
If you would like more information or you need the services of a medical attorney to draw up your living will, contact Adele van der Walt Attorneys. They will assist you with your living will and explain your rights to autonomy to refuse consent to treatment.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
