The hospital sought a declaration that it had no obligation to provide a kidney transplant to an eighteen year old youth who had had very severe disabilities since birth. It was argued that his mental condition meant that he would be unable to cope with the stress and changes involved in the operation.
Held: ‘When considering the best interests of a patient, it is, as is set out in Thorpe LJ’s judgment above, the duty of the court to assess the advantages and disadvantages of the various treatments and management options, the viability of each such option and the likely effect each would have on the patient’s best interests and . . . his enjoyment of life.’ The present treatment should continue with further treatments decided upon as necessary, with nothing excluded.
Judges:
The President
Citations:
[2003] EWHC 365 (Fam)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In Re B (A Minor) (Wardship: Medical Treatment) CA 1981
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life . .
Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Cited – Simms, PA v Simms (Acting By the Official Solicitor As Litigation Friend), an NHS Trust (Acting By the Official Solicitor As Guardian Ad Litem), an NHS Trust FD 11-Dec-2002
‘In a situation where there is no application to the court, and the patient does not have capacity to make a decision about medical or surgical treatment, the doctor has, in my judgment, two duties. First he must act at all times in accordance with . .
Lists of cited by and citing cases may be incomplete.
Health, Children
Updated: 12 November 2022; Ref: scu.179547