Andrew Parsons deliberates over the court’s approach to the withdrawal of life-sustaining treatment
Although it has been known for some time that an application may be made to the court of protection to authorise the withdrawal of life-sustaining treatment from a patient in a vegetative state (VS) a recent case, Re M [2011] EWHC 2443 (Fam), [2011] All ER (D) 142 (Sep) has looked at the rather more difficult question of when this should be withdrawn from a patient whose condition was not so acute as to amount to a VS, albeit the quality of life was limited. It was argued that there is a difference between VS and minimally conscious state (MCS) cases. In VS cases, the balance falls in one direction in favour of withdrawal. In MCS cases, it depends on the facts, and, in assessing best interests, the court must follow a balance sheet approach.
Irreparable brain damage
The patient, M, fell into a coma in 2003 aged 43 as a result of viral encephalitis which caused extensive and irreparable brain damage. She was left in a MCS. This
