2017-03-27 00:24

与查利的创新经营,他需要被告知,它是重要的是要回到三部分普通法测试在确定是否治疗给予她的是她的最佳利益”[ 37 ]在缓解Bolam测试标准[ 38 ]。因此,在事实的基础上,可以说,由可怕的规定疗程可能不是唯一可行的选择,无论是作为医疗必要性或是查利的“最佳利益”[ 39 ],因为查利已经发现了超过三十个医生不赞成先生可怕的使用手术。但同样重要的是要赞赏,在寻找确定是否有任何影响,任何补救措施查利最终授予可能取决于多少重量的意见,各自的手术意见在法律诉讼。 此外,它还欣赏与寻找确定是否查利有任何补救也可能受到对他是否有能力以手术同意书的重要,我们不是说在这个特定的场景或手术是否是查利的最好的利益[ 40 ]的事实。但是,另一方面,它也必须认识到医学实验,但是Ad Hoc,总是做一个混合的动机,以及他们的病人的利益,医生也会关注他们的工作的科学价值,无能的人通常是最脆弱的[ 41 ]。因此,考虑到这一点,也许令人惊讶的是,急于研究人员和绝望的亲属结合往往掩盖了病人的病情最好的解决保守治疗的事实。
In relation to Charlie’s innovative operation, he needs to be advised that it is important to return to the three-part common law test for looking to determine as to whether the treatment administered to her was in her ‘best interests’[37] under the remit of Bolam Test[38]. Therefore, on the basis of the facts, it could be argued that the course of treatment prescribed by Mr Dire may not be the only viable alternative, as either a medical necessity or being in Charlie’s ‘best interests’[39] because Charlie has discovered over thirty surgeons disapprove of Mr Dire’s use of surgery. But it is also important to appreciate that in looking to determine as to whether this has any impact upon any remedy Charlie is ultimately awarded may depend upon how much weight is given to the opinions of the respective surgical opinions during legal proceedings.
Moreover, it is also important to appreciate that in relation to looking to determine as to whether Charlie is entitled to any remedy may also be affected by as to whether he was competent so as to consent to the operation, as we are not told that in the facts of this particular scenario or whether the surgery was in Charlie’s ‘best interests’[40]. But, on the other hand, it must also be recognised that experimentation in medicine, however ad hoc, is always done with a mixture of motives because, as well as the interests of their patients, doctors will also have an eye on the scientific value of their work so that incompetent subjects are usually the most vulnerable[41]. Therefore, with this in mind, it is perhaps hardly surprising that a combination of eager researchers and desperate relatives often obscure the fact the patient’s condition is best addressed with conservative therapy.