Legal and Ethical Concerns

• Review legal and ethical issues
• Discuss care of family members

It is clear healthcare professional performing their duties within the workplace have a duty of care which includes rendering assistance to persons in need of emergency care and performing resuscitation.This duty to respond is not so straight forward for healthcare professionals who are off-duty.  There are differences in legal obligations between various State and Territory legislation.  The Northern Territory has legislation which requires all persons to provide resuscitation or assistance to any person in need of urgent attention (Criminal Code Act 2014, s155).  In New South Wales and Western Australia, Medical Officers, and possibly other healthcare professionals, have an obligation to provide assistance outside their usual place of work if requested to do so.  This obligation has not been tested in other States or Territories.  It is recommended by ANZCOR that off-duty healthcare professionals’ offer ‘assistance if requested to do so even when they may have no duty to rescue provided their own safety is not threatened’.  Further, healthcare professionals are to ‘perform their tasks to a standard expected of a reasonably competent person with their training and experience’.  ANZCOR Guideline 10.5, 2024

Important note:  The information provided in this section does not constitute legal advice and is provided for general discussion purposes only.  Organisations and individuals should seek legal advice pertaining to their specific jurisdiction.

Healthcare professionals are under no legal obligation to persist indefinitely to try to save life.  Should a situation be considered futile, for instance the understanding that resuscitation is prolonging death rather than saving life, or resuscitative efforts are not in the child’s ‘best interests’, medical officers can legally and ethically withdraw or withhold treatment, preferably with the agreement of a parent or legal guardian.  ANZCOR Guideline 10.5 & 12.5, 2024