Abstract
Amidst the Covid-19 pandemic, an increase has been observed in patients refusing medical treatment, hospitalisation and especially intubation, which can have detrimental effects on patients in a critical condition. This trend has caused great challenges to doctors and hospitals, which have the legal obligation to respect the patient’s right to self-determination, which dictates that the patient’s prior informed consent is a precondition for all medical treatment, albeit with strictly regulated exceptions, but at the same time have an ethical and statutory obligation to offer the best medical treatment available to save the patient’s life. This chapter examines the issue of professional medical liability under such borderline Covid-19 refusal of treatment instances, and how refusal of treatment could impact professional liability insurance covers. The chapter aims to understand the nuances of informed consent, especially under the prism of Covid-19 patients refusing treatment; identify potential situations under this spectrum that give rise to professional liability; and outline how private professional liability insurance may provide coverage to doctors caring for Covid-19 patients who refuse treatment.
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