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Discuss the role of contributory negligence in healthcare disputes,…
Discuss the role of contributory negligence in healthcare disputes, including, if relevant, a discussion of the principle of autonomy. Your discussion should include cases that are not taken from the lecture slides.
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Principle of autonomy
Where a natural person is not under any disability, that person has a right to choose his own fate. He is constrained in so far as his choice may affect others, society or the body politic. But, so far as he himself alone is concerned, he is entitled to choose.
Reeves v Commissioner of Police of the Metropolis
Lord Hobhouse
Leads to living a good life and allows people to be responsible for shaping their life.It also allows people to make decisions that are irrational and/or bad for them. Intuitively, not many people would like to have decisions controlled by others. Liability for lost autonomy in negligence: Undermining the coherence of tort law? — (2015) 22 TLJ 226
Even in life and deathn situations that depends on medical treatment, an adult of sound mind is entitled to refuse it.. Examples: jehovas witness refusing life saving blood transfusion or patients refusing amputation of limbs
Common law changes and evolves with societal and cultural changes, if autonomy is such a good thing then surely negligence should change with it and to further protect it
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