Journal title SOCIOLOGIA DEL DIRITTO
Author/s Maria Cristina Reale
Publishing Year 2012 Issue 2012/2 Language Italian
Pages 10 P. 159-168 File size 210 KB
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The conflict between individuals’ right to decide about their medical care and the duty of the healthcare professions to fulfil their obligations to provide care spotlights certain much discussed and delicate issues, such as the definition of the concept of life and health, of the type of relationship that is established between doctor and patient and of the existence of limits to the right to refuse medical care. Although this right enjoys ample recognition in both legal rules (albeit in the absence of any specific law) and court decisions, a recent case of forcible administration of treatment, which the doctors considered to be life-saving, to an individual who opposed the treatment repeatedly and fully conscious of the potential consequences, once again highlighted the difficulties that arise when courts are called on to safeguard complete compliance with the patient’s wishes.
Keywords: Conflicting rights - Right to refuse medical care - Doctors’ duties - Doctorpatient relations - Judicial protection
Maria Cristina Reale, Il diritto di non curarsi. Ancora uno scontro tra doveri medici e libertà di autodeterminazione in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 159-168, DOI: 10.3280/SD2012-002009