The right to lifesaving treatment / by Thomas Westaway

Date
May 2022
By
Westaway, Thomas., INNZNA
Description

Reviews the extent to which civil liability could arise due to an overwhelmed health system deciding to decline a person access to intensive care units or other lifesaving treatment. Describes intensive care in New Zealand hospitals. Discusses the duty owed to patients by hospitals and medical professionals. Refers to the decision in ‘Shortland v Northland Health Ltd [1998] 1 NZLR 433 (CA) in which a diabetes patient was refused treatment. Sets out the reality of scarce resources and the principles of good medical practice. Suggests the types of civil claims that might arise if hospitals are unable to provide treatment. Alludes to the courts being reluctant to find liability in cases where hospitals are under pressure and need to decline treatment.

Additional description

Includes table

Source
New Zealand law journal, May 2022; p.131-136; issn:
See original record

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