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A comment on the law following the decision of the High Court of Australia in Rogers v. Whitaker
Author(s) -
Pincus Richard Charles
Publication year - 1993
Publication title -
medical journal of australia
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.904
H-Index - 131
eISSN - 1326-5377
pISSN - 0025-729X
DOI - 10.5694/j.1326-5377.1993.tb137699.x
Subject(s) - paternalism , autonomy , nothing , high court , law , personal autonomy , political science , psychology , medicine , philosophy , epistemology
Every human being of adult years and sound mind has a right to determine what shall be done with his own body. 1 A struggle is going on all over the world between medical paternalism and patient autonomy. The battlegrounds include clinics, hospitals, academic settings and the courts. The High Court has awarded the most recent round, six to nothing, to autonomy, but the fight is by no means over. The judgments, the current law in Australia, and the implications for medical practice are discussed.