Refusing medical treatment

Do you have the right to refuse medical treatment?

Patient consent is a cornerstone of medical ethics. It is a principle that a patient must give express permission before any medical treatment can be carried out. Consent must be both voluntary (not the result of coercion) and informed. Consent is needed for any type of treatment, whether minor or serious. However, there are some exceptions, such as in an emergency where it is not possible to get the patient’s consent, or if they do not have mental capacity to give consent.

What if I might die? What about my will?

A patient who is over the age of 18 has the right to refuse medical treatment in most instances. So long as a patient has sufficient capacity and makes a voluntary and informed decision to refuse a particular treatment, their decision must be respected. This is so even if the refusal of treatment will result in their death, or in the death of their unborn child. Medical professionals can suggest treatment to a patient, but they cannot place pressure on them. They should explain the consequences of different options available to the patient.

If you refuse a particular treatment, you still retain your right to any other appropriate medical treatment. However, if your request is for treatment that medical professionals believe would not be in your best interest, they do not have an obligation to provide it and may refuse your request.

The rules are different for children (anyone aged under 18 years). If a child is ‘competent’ – that is, if a child has the intelligence and ability to fully comprehend the medical options and consequences – they are able to give consent and only the courts can override their consent. However, a person with parental responsibility can override their child’s decision to refuse medical treatment. If there are issues concerning medical decisions for your child, you should obtain legal advice from a family law solicitor, particularly if you are unsure whether you have parental responsibility.

Advance decisions

It is possible to set out your wishes regarding medical treatment in advance in what is called a living will. It is designed to specify your preferences in case you are incapacitated. It is a good idea to get a wills and probate solicitor to help you prepare this document to make sure that it will hold up. If you are concerned about your health, you should get in touch with a solicitor to prepare this and other documents for your future, such as a power of attorney and a will. A solicitor can also provide legal advice regarding your right to refuse medical treatment.

If you would like to obtain legal advice and information on medical treatment issues, Contact Law can put you in touch with a local specialist family law solicitor free of charge. We can also find you a wills and probate solicitor. Call us on 0800 1777 162 or complete the web-form on the right.