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Life-support withdrawal cases no longer need court approval after landmark ruling | |
(14 days later) | |
Doctors and relatives of patients with debilitating illnesses will no longer have to get court permission before withdrawing life support treatment, a high court judge has ruled. | Doctors and relatives of patients with debilitating illnesses will no longer have to get court permission before withdrawing life support treatment, a high court judge has ruled. |
It means that if relatives and doctors agree and all medical guidelines are being observed, they will no longer have to go through a long winded legal process to get permission. | It means that if relatives and doctors agree and all medical guidelines are being observed, they will no longer have to go through a long winded legal process to get permission. |
Judge Peter Jackson's ruling in the Court of Protection came after a case brought on behalf of a woman, identified only as “M”, who suffered from Huntington’s disease – a rare, crippling genetic condition which affects the nervous system and for which there is no cure. | Judge Peter Jackson's ruling in the Court of Protection came after a case brought on behalf of a woman, identified only as “M”, who suffered from Huntington’s disease – a rare, crippling genetic condition which affects the nervous system and for which there is no cure. |
She was believed to be in a minimally conscious state at a hospital in the Midlands when the application on her behalf was issued in April, The Guardian reported. | She was believed to be in a minimally conscious state at a hospital in the Midlands when the application on her behalf was issued in April, The Guardian reported. |
The judge granted permission in June and her feeding tubes were withdrawn on 24 July. She died, aged 50, on 4 August after suffering from the disease for more than 25 years. | The judge granted permission in June and her feeding tubes were withdrawn on 24 July. She died, aged 50, on 4 August after suffering from the disease for more than 25 years. |
“There was no statutory obligation to bring the case to court," Judge Jackson said in his comments on the case, which have only just been released. | “There was no statutory obligation to bring the case to court," Judge Jackson said in his comments on the case, which have only just been released. |
He added: "A mandatory litigation requirement may deflect clinicians and families from making true best-interests decisions and in some cases lead to inappropriate treatment continuing by default. | He added: "A mandatory litigation requirement may deflect clinicians and families from making true best-interests decisions and in some cases lead to inappropriate treatment continuing by default. |
“Indeed, the present case stands as an example, in that M received continued CANH (clinically assisted nutrition and hydration) that neither her doctors nor her family thought was in her best interests for almost a year until a court decision was eventually sought.” | “Indeed, the present case stands as an example, in that M received continued CANH (clinically assisted nutrition and hydration) that neither her doctors nor her family thought was in her best interests for almost a year until a court decision was eventually sought.” |
Decisions made by the High Court in London set a binding precedent which must be observed by all lower courts in England and Wales. | Decisions made by the High Court in London set a binding precedent which must be observed by all lower courts in England and Wales. |
The only way to overturn rulings such as these is to appeal to the Court of Appeal, the Supreme Court, the European Courts or by passing an Act of Parliament. | The only way to overturn rulings such as these is to appeal to the Court of Appeal, the Supreme Court, the European Courts or by passing an Act of Parliament. |
This ruling will affect patients in minimally conscious or vegetative states. | This ruling will affect patients in minimally conscious or vegetative states. |
Until now legal costs have been as high as £3,000 in cases when both the family and the doctors have agreed on treatment. | Until now legal costs have been as high as £3,000 in cases when both the family and the doctors have agreed on treatment. |
Sarah Wootton, the chief executive of euthanasia charity Compassion in Dying told the The Guardian it was "a helpful step towards a clearer, more person-centred view of end-of-life care." | Sarah Wootton, the chief executive of euthanasia charity Compassion in Dying told the The Guardian it was "a helpful step towards a clearer, more person-centred view of end-of-life care." |
She added: “When all parties – family, the hospital and treating doctors – are agreed on what someone would have wanted for their care, it seems absurd to require a costly court process to confirm this. | She added: “When all parties – family, the hospital and treating doctors – are agreed on what someone would have wanted for their care, it seems absurd to require a costly court process to confirm this. |
“It should not be necessary to require court proceedings to respect a person’s wishes simply because they are in a persistent vegetative state or minimally conscious state.” | “It should not be necessary to require court proceedings to respect a person’s wishes simply because they are in a persistent vegetative state or minimally conscious state.” |
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