Compulsory Caesarian Section

Abstract

This article discusses the English Court of Appeal case R v Collins, which set aside a High Court order that authorized a compulsory caesarian section on a pregnant woman against her express wishes. The author analyses the decision and considers its implications in New Zealand with regard to patient autonomy. The article concludes that, while a case like R v Collins seems unlikely in New Zealand, it is nonetheless a salutary warning to health professionals that no matter how unreasonable patients’ decisions may be, their right to refuse medical treatment is sacrosanct unless they lack the necessary competence at the time of making that decision.