Undue influence in the context of medical treatment

Med Law Int. 2002;5(4):305-17. doi: 10.1177/096853320200500404.

Abstract

It is argued that the application of the doctrine of undue influence to patient's decisions in the context of medical treatment is ripe for development. The doctrine is capable of providing much needed protection for vulnerable patients if developed along lines suggested by its use in other contexts. Unfortunately, the Court of Appeal has recently missed an opportunity to develop the law in this way and it may be some time before another suitable opportunity is presented to the courts.

MeSH terms

  • Coercion*
  • Directive Counseling*
  • Humans
  • Informed Consent / legislation & jurisprudence*
  • Male
  • Posthumous Conception / legislation & jurisprudence*
  • Refusal to Treat / legislation & jurisprudence
  • Treatment Refusal / legislation & jurisprudence
  • United Kingdom