AlphaMED Resources · https://alphamedicine.uk/Resources/glossary/acts-omissions
Acts and omissions
Acts and omissions is the distinction between causing harm by doing something and allowing harm by not doing it.
Summary
- An act brings about harm, such as giving a drug that kills. An omission is failing to act, so that harm from an existing illness is allowed to happen.
- Many lawyers and ethicists treat the two differently, though the line between them is contested.
- Stopping a treatment is not always easy to classify. Switching off a ventilator involves a positive step, so it is not always clear whether it is an act or an omission.
- Some argue the outcome matters more than the route, so a death caused by an omission is no less a death.
- The distinction alone does not decide whether a decision is lawful or ethical. Consent, capacity and best interests also apply.
In practice
- In Airedale NHS Trust v Bland (1993), Lord Goff said that discontinuing life support can properly be categorised as an omission, which is not unlawful unless it breaches a duty to the patient, and that stopping it is no different from never starting it.
- Lord Goff contrasted this with giving a drug to bring about a patient's death, which he said was not lawful even when prompted by a humanitarian desire to end the patient's suffering. The Doctrine of double effect page covers drugs given to relieve symptoms that may also shorten life.
Interview questions
- What do you know about the difference between acts and omissions?
- A patient asks for their ventilator to be switched off. As the doctor on the ward, how would you explain the difference between stopping treatment and never starting it?
- Does the distinction between acts and omissions matter morally, or only legally?
Sources
- Global Health and Human Rights Databaseglobalhealthrights.org/…/HL-1993-Airedale-NHS-Trust-v.-Bland.pdf
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