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25 J. Contemp. Health L. & Pol'y 1 (2008-2009)
Caregivers in Medical Law and Ethics

handle is hein.journals/jchlp25 and id is 5 raw text is: CAREGIVERS IN MEDICAL LAW AND ETHICS Jonathan Herring* 1. INTRODUCTION Medical law and ethics is dominated by individualism. This is characterised by the clarion claims of many that I have the right to make decisions about my medical treatment; and that I should receive the treatment that is appropriate for me.' The problem with these questions is that, as Martha Minow pointed out, the question 'who is the patient?,' goes unasked.2 Unasked because many people think the answer is obvious: it is the person sitting in front of the doctor. One of the purposes of this article is to demonstrate that this is far too simplistic a response.3 In medical law, as often in legal thought, the focus is on the image of an autonomous, competent man who can enforce his rights. In fact, we cannot separate our interests from those with whom we are in interdependent relationships. A patient's medical decision will rarely affect only herself but will often have a powerful impact on those who depend on her and upon whom she is dependant. Any treatment provided will assist not only the person in front of the doctor, but the many people that individual has a relationship with. A * Fellow in Law, Exeter College, University of Oxford; B.A., Oxford University, 1989; BCL, Oxford University, 1992. Editor's Note: Due to the foreign residence of the author, the footnotes of this article do not conform to The Bluebook: A Uniform System of Citation. 1. For a powerful polemic against the emphasis on autonomy see: C. Foster, Choosing Life, Choosing Death. The Tyranny of Autonomy in Medical Ethics and Law (Hart, forthcoming). 2. M. Minow, Who's the Patient? (1994) 53 Maryland Law Review 1173. 3. 1 have written about the position of caregivers elsewhere: J. Herring, Where are the Carers in Health Care Law and Ethics? (2007) 27 Legal Studies 51; J. Herring, Caring (2007) Law and Justice 43; J. Herring, The Place of Carers in M. Freeman (ed.) Law and Bioethics (OUP, 2008). 4. 1 use the male pronoun deliberately because the image of the isolated, rational- driven male patient is the image that dominates much of the writing.

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