Nichtaufnahme und Abbruch einer medizinischen Behandlung am Lebensende in Deutschland und England

Translated title of the contribution: Non-admission and discontinuation of medical treatment at the end of life in Germany and England

Samantha Halliday, Lars Witteck

Research output: Contribution to journalArticle


This article analyses the law relating to withholding and withdrawing life-prolonging medical treatment in Germany and England & Wales. Recent case law from both jurisdictions is considered and contrasted with jurisprudence from the United States of America. Whilst all three jurisdictions recognise the ability of a competent patient to refuse life-prolonging treatment, it is argued that the models of decision-making adopted in relation to patients lacking capacity are inherently flawed. It is suggested that where the patient lacks capacity, neither the autonomy model of decision-making (encompassing the presumed will approach adopted in Germany and the substituted judgement approach adopted in the USA), nor the best interests model (adopted in England & Wales) can adequately protect the interests (particularly the ‘critical’ interests) of the affected individual.
Original languageGerman
Pages (from-to)752-763
Number of pages12
JournalJuristen Zeitung
Issue number15/16
Publication statusPublished - 9 Aug 2002
Externally publishedYes

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