The patient, a 68 year old man did not have mental capacity to make decisions as to his treatment. The family and hospital had long-standing disagreements about his care. The hospital now sought an order to allow his non-resuscitation in the event of a serious further deterioration of specified sorts. He now suffered cancer of the colon.
Held: ‘In relation to DJ’s medical condition and his prospects, the experience of the doctors is persuasive. The family’s hope is for a miracle, but where medical matters are concerned, the court must have regard to the unanimous expert advice. In particular, the evidence of the burdens of this kind of treatment must carry heavy weight.
Even so, that advice is bound to be based on an assessment of probabilities, and there will be a very small number of cases where the improbable occurs. Moreover, the assessment of best interests of course encompasses factors of all kinds, and not medical factors alone, and reaches into areas where doctors are not experts. ‘
Judges:
Peter Jackson J
Citations:
[2012] EWHC 3524 (COP)
Links:
Statutes:
Health
Updated: 14 November 2022; Ref: scu.472023