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Declaration of Geneva
Scottish Doctor May Challenge Law PDF Print E-mail

Dr. Fiona Smith, a G. P. who woke from coma after a car crash, in now suing the hospital where she was first treated, for allegedly advising her family to switch off her life support, as she had no chance of recovery. Instead she was moved to a hospital run by the Daughters of Charity and woke up after three weeks. (The Scotsman, 5 Sept 02, and Daily Telegraph, 6 Sept 02).

She may also challenge the Adults with Incapacity (Scotland) Act, which allows the ending of patients" lives, on the grounds that it conflicts with the Human Rights Act. Article 2 of the European Convention on Human Rights, which was emphasised by European judges in the Diane Pretty case, states that everyone has the right to life, and this should be protected by law.

 
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