A federal court has ruled that the right to refuse to undergo surgery is a fundamental right.
Key points:Dr Andrew Ngar said he would have preferred to be treated in a medical hospitalBut the case against him was dismissedA judge said he should not have been put through the “shame” of being told to take part in the procedureDr Ngar is the only person in Australia to be prosecuted under the Act, which was introduced to protect people with serious medical conditions from being subjected to the full force of the law.
The decision was made by the Federal Court of Australia, which heard the case by way of oral submissions on Friday.
The court said that in its view, it was a fundamental human right to receive medical treatment from a doctor who was capable of providing the best care, and that Dr Ngar had an absolute right to continue to practice medicine.
The doctor said he had no intention of taking part in a procedure that would result in death or bodily harm.
“I have never, under any circumstances, wanted to die or to suffer any bodily harm,” Dr Ngal said.
“The surgery itself is a great honour to be a doctor.”
To my mind, the procedure was performed in a way that was medically appropriate and safe, and I did not feel pain.
“This was a very easy and natural operation, as it did not require the use of any drugs, or any surgery or equipment.”
The case against Dr Nagar was dismissed, with the judge saying he should have been treated in hospital.
“You have a right to be informed of what you need to know about your medical condition, but you are not entitled to be put in that position,” he said.
Dr Ngal, who is a cardiologist, was a regular patient of Dr Vellias in the early 2000s.
The two had been married for more than 20 years and had two children, aged five and six.
Dr Vellicas, who has a previous conviction for criminal damage to a person, is also a cardiology resident at Sydney’s Royal Prince Alfred Hospital.
Dr Dolan was convicted of making an unauthorised statement and has been awaiting sentencing for six years.
Topics:law-crime-and-justice,health,health-policy,healthcare-facilities,courts-and.courts,crime,southern-africa,australiaFirst posted February 06, 2019 19:53:25Contact Lisa Molloy