Doctor's decisions on how to treat terminally ill patients will be made easier following publication of new guidelines.
New guidance on the implications of withholding treatment from patients by the British Medical Association (BMA) launched yesterday, fully explain the rights of doctors and patients in relation to difficult end-of-life decisions.
The move follows the news that doctors feel reticent about helping terminally ill patients enjoy a peaceful death because of fear of prosecution following the Harold Shipman case.
Earlier this year The Herald revealed that a Scottish businesswoman chose to end her life at the Dignitas assisted suicide clinic in Switzerland.
Elisabeth Rivers-Bulkeley took a lethal dose of barbiturates in the Zurich centre in December.
Dr Lewis Morrison, the Scottish representative on the BMA ethics committee, said: "It will make it easier for some doctors to tackle these issues because the guidance is much more explicit in terms of rights and responsibilities.
"It is down in black and white to allow doctors to follow what they think is the right thing to do. The worst situation is one where doctors are too afraid to stop treating because of the fear of being prosecuted. Patients will suffer if doctors feel they are in this position.
"There is concern that even discussing these issues will lead to bumping people off early' and that this is somehow a mandate for doctors to play God. That is rubbish. This is about giving doctors the confidence to do the right thing."
The BMA said the guidance was not designed to give definitive legal advice but covers a range of potential situations.
It refers to a doctor's "duty of care" which states a patient must be kept alive using reasonable means when that is his or her wish.
The only exception would be if a patient lacked mental capacity and it was not in their best interests to be kept alive artificially.
It also gives credence to "living wills" which explain a patients' wishes in relation to end of life treatment and patients' rights in appointing a welfare attorney to make decisions for them - something which is already available under Scots law.
Where a patient lacks capacity and has not made an advance decision on their treatment, they should be kept alive unless it is not in their best interests, the guide says.
It also emphasises that doctors must make their decisions based on how effective and useful a treatment may be, not on their own views of what a patient's life is worth.
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