This section will identify some of the unresolved issues that patients’ and clinicians’ rights, duties and responsibilities pose for those advocating this approach. These will be considered at an individual, professional and societal level. The potential conflict between clinical algorithms or guidelines and patient choice will be reintroduced along with a discussion of the potential legal pitfalls with this approach and suggestions about how practitioners may protect themselves from allegations of poor practice. Recent legal precedent from the UK will be used to support this. Additional special situations discussed will include when others are at risk, patient competency, manipulative patients and patients who wish to play a passive role.