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Comment on Re B (Adult: Refusal of Medical Treatment) [2002] 2 All England Reports 449.

The judgment handed down in the case of Ms B confirms the right of the competent patient to refuse medical treatment even if the result is death. The case does, however, raise some interesting legal points. The facility for conscientious objection by doctors has not previously been explicitly recognised in case law. More importantly perhaps is that the detailed inquiry by the court into Ms B's reasons for refusing treatment, apparently as a precondition for finding her competent, seems to contradict earlier case law where it has been asserted that competent patients can refuse treatment for no reason at all.

Adult↗

Re B. (a Minor) (Sterilization), 30 April 1987.

A local authority, who had care of seventeen year old mentally handicapped and epileptic girl, sought an order making her a ward and authorizing her sterilization. It claimed that she was becoming sexually aware, did not understand that intercourse could cause childbirth, and would not be able to cope with pregnancy or caring for a child. The Official Solicitor, acting as the girl's guardian ad litem, appealed a decision authorizing the sterilization. The House of Lords ruled that the welfare and best interest of the girl were of paramount concern and that in this case they warranted her sterilization.

Behavior↗