Respect for Patients’ Right to Autonomy

In this review article we examine the laws and rulings regarding informed consent. It is well known that the patient must give valid consent to medical treatment; and it is his or her prerogative to refuse treatment even if the said treatment will save his or her life. No doubt this raises many ethical debates and falls at the heart of medical law today. There is widespread refusal of or withdrawal from medical treatment by patients suffering from illnesses, including communicable and non-communicable diseases. In Papua New Guinea (PNG) while a patient has a right to refuse treatment, there is no legal right to demand treatment. The paper seeks to clarify the nature, extent and importance of a patient’s right to respect for autonomy from the practitioner. We will attempt to conceptualise the patient’s autonomy by exploring the legal framework of consent or more specifically informed consent. Where the law of PNG differs from the laws of other parts of the world we have focused on the laws of the former. The legal aspects and guidance by the regulatory authorities apply only to PNG.