‘Living Will’ can take effect only if a medical board certifies a person condition is irreversible: Supreme Court

 
 
 


 

Why is It in the news?

  • Bench says it would lay down guidelines for drafting living wills and how it can be authenticated. It has reserved the case for judgment.

Highlights

  • A person’s advance directive to withdraw medical care to allow him to die with dignity should take effect only when a medical board affirms that his condition is beyond cure and irreversible
  • The Chief Justice, heading a five-judge Constitution Bench, was responding to a debate on when exactly a person’s ‘Living Will’ or advance directive for end-of-life medical care should take effect
  • The Bench said it would lay down guidelines for drafting living wills and how it can be authenticated. It has reserved the case for judgment
  • The court is hearing a petition by NGO Independent Thought to legalize euthanasia and the concept of ‘Living Will.'  

Procedure suggested

  • A certificate from a statutory medical board that a patient’s condition was beyond cure and irreversible would take care of apprehensions of relatives and doctors about withdrawing life support.
  • If a man is admitted to a hospital and he goes into a coma. The hospital informs the medical board, which takes a fair, informed and impartial decision that his medical condition is beyond cure. This decision is taken by the medical board on the touchstone of modern technology,”
  • That there should be medical boards in every district, the decision of the board would be final and an advance directive should yield to the board’s decision
Source: The Hindu

Posted by Jawwad Kazi on 12th Oct 2017