Nothing in the legislation is to impose civil or criminal liability on a healthcare professional who has complied with or purported to comply with the refusal of treatment set out in a healthcare directive and who, at the time in question, had reasonable grounds to believe, and did believe, that the directive was valid and applicable.<\/p>\n
Nothing in the legislation is to be interpreted as imposing civil or criminal liability on a healthcare professional who has not complied with a refusal of treatment set out in an advance healthcare directive and who, at the time in question, had reasonable grounds to believe and did believe, that the advance healthcare directive was not valid or applicable, or both.<\/p>\n
Nothing is to be interpreted as imposing civil or criminal liability on a healthcare professional who at the time in question, has not acted in compliance with the refusal of treatment set out in the advance healthcare directive if he or she had no reason to believe that the directive existed, or if he had, reason to believe it existed but had no immediate access to its contents, and the urgency of the medical condition was such that the healthcare professional could not reasonably delay taking appropriate medical access until he or she had such access.<\/p>\n
Nothing is to be interpreted as affecting any civil or criminal legislation arising at common law or legislation as a result of a failure to comply with a valid and applicable advance healthcare directive. Nothing is to affect the law relating to murder or manslaughter or assisted or suicide.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Nature of Directive Part 8 of the Assisted Decision-Making (Capacity) Act 2015 provides for Advance Healthcare Directives. An advance healthcare directive is given by a person with capacity and is an advance expression of his will or preferences concerning treatment decisions that may arise in respect of him if he or she subsequently lacks capacity. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[84],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2605"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2605"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2605\/revisions"}],"predecessor-version":[{"id":2682,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2605\/revisions\/2682"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2605"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2605"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2605"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}