The Interest of the Patient Must Be the Predominant Interest to Be Considered in English Law

The interests of the patient for medico-legal purposes have variously been depicted as, 'bests interests', best clinical judgment, welfare, and substituted judgement. For the purpose of this essay, the interests of the patient will be used interchangeably with best interests of patients. There are overarching ramifications of best interests not only to the patients but families; health care professionals and society at large and as such merit a little drift into the often overlooked philosophical underpinnings. Bioethics antedates the paradigm shift to autonomy seen in 1990s. For competent adults in most socio-medical situations, the law provides a good guide on how to proceed in decision making arising in the context of patient-doctor relationships. This is irrespective of whether the ethical argument is utilitarian or non utilitarian (Kantian) based.