The Doctors' Dilemma: Necessity and the Legality of Medical Intervention

Abstract

The defence of necessity has traditionally been conceived as providing a utilitarian justification for what would otherwise be criminal conduct. In the medical field, however, the nature of the justificiation has hitherto been based upon a concern to respect patient rights. The developing defence of ‘patient's best interests’ must be fully articulated so as to ensure that this respect is maintained and thus ensure the continued confluence of public and patient interests.