header-logo header-logo

14 April 2017 / Jonathan Herring
Issue: 7742 / Categories: Features , Family
printer mail-detail

Caring to the bitter end

nlj_7742_herring

Jonathan Herring considers a tragic case concerning the right to withhold invasive medical treatment

  • Disputes over medical treatment of sick children must be decided on the best interests principle.
  • The right to life does not require patients to be given treatment which is not in the best interests to be kept alive.

A v MC (Care Proceedings) [2017] EWHC 370 (Fam) was one of those heart-breaking cases involving a seriously ill child. C was 13 and had multiple, significant disabilities. He had a limited life expectancy. The NHS Trust sought a declaration that it was lawful to withhold invasive treatment. His mother opposed the declaration.

C had severe four limb involvement spastic quadriplegia with athetoid cerebral palsy, global developmental delay, no vocal communication, curvature of the spine, epilepsy, very limited swallowing reflex, and respiratory problems. His lungs were damaged by previous infections and he was he suffered chronic malnourishment. He did not have mental capacity to be involved in decisions about his care. C lived with his mother and had very occasional contact with his father, who played no part

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll