Health Alert (Australia) - 31 March 2014


In This Issue:

Judgments; Legislation; and Reports.

Excerpt from Judgments:

New South Wales -

4 March 2014 - Re JS [2014] NSWSC 302 -

This was an application for declaratory relief made by the John Hunter Hospital to the New South Wales Supreme Court.

At the time of the judgment, JS was twenty-seven years old and had been a patient of the hospital for a considerable period. He had been a quadriplegic since the age of seven and received life sustaining treatment, including artificial ventilation. Without this treatment JS would certainly die. JS had decided he no longer wanted to receive life sustaining treatment and wished to die on his twenty-eighth birthday. He signed a request to that effect.

The hospital sought a declaration in order to grant this request and lawfully discontinue all life sustaining treatment and medical support measures for patient "JS" including the withdrawal of ventilation. A further declaration was sought that the medical services to be provided be limited to those ancillary to the discontinuance of all life sustaining treatment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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