A doctor in Borame Hospital advised patient´s guardian that patient should not be discharged from hospital. But he could not help giving up medical treatment, because patient´s guardian requested patient´s discharge very strongly. (so-called Discharge Against Medical Advice) Then, the patient died and the doctor was given a decision of guilty as a murder. But I think that this judgement has many problems in a point of legal theoretical view.
Firstly, this judgement results in asymmetry problem between doctor´s right and duty. By this judgement, the doctor will have to be under an obligation too much, although he has little rights and benefits.
Secondly, by this judgement there will be an incoherence in similar case. Generally, we do not think euthanasia as murder, but this judgement sentenced the doctor guilty of murder. This is severe for him too much, and it breaks coherence of legal system.
Thirdly, this judgement has a problem in a legal policy. It may induce patient´s guardian to a moral corruption. And it will force doctor to select an alternative. He must choose to be accused of murderer, otherwise his income will be decreased. Therefore he may choose a false treatment of patient.
In short, this judgement cannot be justified in legal theory, although it may be right in a viewpoint of moral.
|