Group Members:

MUHAMMAD AZMAN BIN HASHIM 2014806524

NABILA BINTI SULAIMAN
2014606926
NOR FADILAH BINTI JOHANUDDIN
2014601864

LAW 570: LAW RELATING TO HEALTH CARE

Question
Question
Zee suffered horrific injuries at Tangkap Muat Football Stadium where 110 people
died and many others were injured as a result of thousand of fans being pushed
and crushed against steel fencing.
Zee was neither suffering nor dying. He had been in a coma for three years and
was diagnosed as suffering from persistent vegetative state (PSV). His brain was
deprived of oxygen, and by the time breathing was restored his upper brain had
been severely damaged. His brain stem still functioned, he could breathe and
digest food normally. This is a condition of chronic wakefulness without awareness,
in which the person responds in a reflex way, but not in a voluntary purposeful
way.
Zee was fed by a nasogastric tube, and evacuated by catheter and enema.
Infections were treated with antibiotics. Both his doctor, Dr. Jay and his parents
wanted to stop assisted feeding and all medical treatment so that he would die.
Two months after the last treatment, Dr Jay decided that feeding and antibiotics
should be discontinued, but the Medical Board advised him that directly causing
Zees death might result in criminal proceedings.
Is it lawful for Zees doctor and parents to switch off his life support machine and
cease giving him nutrition and hydration? Discuss with reference to the positions

Issue

The issue is whether the act of

Dr Jay and Zees Parents to
switch off his life support system
and cease giving him nutrition
and
hydration
amount
to
murder.

Meaning of Euthanasia

Generally, euthanasia refers to bring about a gentle

and easy death or death without suffering. The
reference can be made to the positions in the United
Kingdom, Netherlands and Malaysia.

According to the Oxford English Dictionary,

euthanasia is the act of killing in order to end the
suffering of a person from incurable and painful
disease.

Types of Euthanasia

Active euthanasia
Passive euthanasia
Voluntary euthanasia
Non-voluntary euthanasia
Involuntary euthanasia

Position in United Kingdom

Airedale NHS Trust v Bland
Here, the patient was seriously injured in the
disaster which occurred at the Hillsborough
football ground. His lungs were crushed by the
pressure of the crowd around him. Mr Bland lies in
bed in the Airedale General Hospital. He sustained
catastrophic and irreversible damage to the
higher centres of the brain in a condition known
as persistent vegetative state (PVS). The medical
opinions agree that there was no hope of any
improvement in his condition or recovery. Thus
with the consent from his father, the hospital
declared that they might terminate the supplies of
nutrition and hydration.

Position in United Kingdom

The House of Lords held that the declaration was

lawful as the discontinuance of life support by
withdrawal of artificial feeding did not amount to
a criminal act because it was not in the patients
best interests and the doctor was no longer under
a duty to maintain the patients life. The doctor
was simply allowing his patient to die in a preexisting condition and his death would be
regarded in law as exclusively caused by the
injury or disease.

Position in United Kingdom

Frenchay Healthcare NHS Trust v S

S, a healthy young man, who took an overdose of a drug
which resulted in extreme brain damage. The consultant in
charge of S recommended that it was in Ss best interest
that no action to be taken and that he are allowed to die
naturally. In addition, other medical opinions were also of
the view that there was no prospect of recovery. The Court
of Appeal held that, the discontinuance of treatment for a
patient in persistent vegetative state would be in the best
interests of the patient. There was no reason to question
the conclusion of Ss consultant that it was Ss best
interest to die naturally.

Application
Applying to the situation given, the types of euthanasia
involves
is
passive
euthanasia
and
non-voluntary
euthanasia. Passive euthanasia occurs when the available
measure of treatment are withheld or withdrawn as in the
case where Dr Jay and Zees parents wanted to stop
assisted feeding the nutrition and hydration as well as
switch off Zees life support system.
Applying the principle used in United Kingdom, the facts of
the question shows that Zee, the patient was suffered from
persistent vegetative state (PSV) as in the case of Airedale.
It can be said that, Zee is unlikely to recover and by stop
assisted feeding and all medical treatment would be the
best interest to him. In addition, the consent was given by
Zees parents so that he would die naturally.

Conclusion

In conclusion, if the court were to apply the

principle in United Kingdom, it is lawful for
Zees doctor and parents to switch off life
support machine and cease giving him
nutrition and hydration.

POSITION IN MALAYSIA
Section 308 - where doctors intend and attempt
although unsuccessfully to cause death would be
guilty of culpable homicide not amounting to
murder.
punishment : 3 years with fine or both OR 7
years with fine or both
Section 306 - where doctors who assist patient to
end the life (abetment of suicide)
punishment : 10 years of imprisonment and fine.

section 300 - provides where culpable homicide is

murder where there is intention to cause death,
the offender knows that it is likely to cause death,
the bodily injury is likely to cause death and the
offender has the knowledge that the act will cause
death.
Exception 5 ( culpable homicide is not a murder) if the
death is caused, above 18 years old,suffers death and
give consent to take the risk of the death.

In applying to the above scenario, exception 5

cannot be applied as the doctor did not get the
consent from Zee as Zee had a coma and the
doctor is still liable under involuntary euthanasia
under section 300 which would amount to murder.
Zee's doctor can be punished under section 302
where the offenders shall be punished with death.

Conclusion : In Malaysia, Zee's doctor can be held

liable for
discontinuing the treatment and it
amount to
involuntary euthanasia.

Position in Netherland

Netherland has adopted different position regarding the issue of euthanasia. On

April 1st, 2002 the parliament of that respective country has passed Euthanasia Act
which functions to regulate the ending of life by a physician at the request of a patient
who was suffering unbearably without hope or relief. However, euthanasia has been
legalized in Netherland with several considerations. They require the physician to assess
several elements before proceeding to assist the patient to death. Firstly, the patients
request is voluntary and well-considered. Next, the patients suffering is unbearable and
hopeless. Third, the patient is informed about his situation and prospects. Fourth, there
are no reasonable alternatives. Further, another physician should be consulted and the
termination of life should be performed with due care and attention.

Application
Netherland has adopted different position regarding the issue
of euthanasia. On April 1st, 2002 the parliament of that
respective country has passed Euthanasia Act which functions
to regulate the ending of life by a physician at the request of a
patient who was suffering unbearably without hope or relief.
However, euthanasia has been legalized in Netherland with
several considerations. They require the physician to assess
several elements before proceeding to assist the patient to
death. Firstly, the patients request is voluntary and wellconsidered. Next, the patients suffering is unbearable and
hopeless. Third, the patient is informed about his situation and
prospects. Fourth, there are no reasonable alternatives.
Further, another physician should be consulted and the
termination of life should be performed with due care and
attention.

Conclusion

In conclusion, the considerations listed under

the Euthanasia Act 2001 is fulfilled.
Therefore it is lawful for Zees doctor and his
parents to switch off life support machine
and cease giving him nutrition and hydration
as according to the position adopted by
Netherland.