Any client who has a loved one in palliative care knows the horrible (yet sometimes essential) need of medical staff to provide pain medication or sedation. Clients often ask “What are the criminal ramifications and/or guidelines surrounding the provision of pain relief/sedation”, or “Can I sue the hospital and/or staff for not providing what (the client considers) appropriate treatment”.
In Queensland, a lawful defense is provided to health professionals through section 282A of the Criminal Code:
“This section provides protection if the palliative care is given in good faith and with reasonable care and skill and is reasonable in the context of good medical practice.”