The deceased had contracted gangrene, but not sought treatment, and he died of it. The claimant challenged the narrative verdict saying that it was perverse and that the only proper verdict was unlawful killing by his partner, a nurse who had provided some nursing care. The deceased had spiritual beliefs regarding natural healing, and was found to have refused medical assistance.
Held: Had there been a finding that the deceased had lost his capacity before his death, then the partner would have found herself under an obligation to seek treatment. There had been no such finding and the coroner had considered it a a possibility. The claimant had not shown the verdict to be perverse.
Pitchford J
[2009] EWHC 3229 (Admin)
Bailii
England and Wales
Citing:
Cited – Regina v Stone and Dobinson CACD 1977
The male defendant, Stone, and his mentally disabled son lived in Stone’s house with the female defendant, Dobinson. Stone’s sister came to live as a lodger. She neglected herself to such an extent that she became helplessly infirm. Fanny refused to . .
Cited – Land v Land; In re Land, deceased ChD 13-Jul-2006
The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying . .
Cited – In Re T (Adult: Refusal of Treatment) CA 30-Jul-1992
Appeal with regard to a right as to how the claimant should live. . .
Cited – Regina v Hood CACD 2004
The defendant had been convicted of the manslaughter by gross negligence of his wife. On 14 March 2002 she had suffered a fall at home fracturing a number of bones including her right leg and hip. The defendant sought no medical help until 4 April . .
Cited – HE v Hospital NHS Trust and Another FD 7-May-2003
Munby J gave reasons for his decision to permit AE’s treating doctors to infuse her with blood, if necessary, notwithstanding the existence of a living will in which she refused, in advance, to accept the transfusion of blood. He said: ‘There is now . .
Lists of cited by and citing cases may be incomplete.
Coroners, Health Professions
Updated: 01 November 2021; Ref: scu.384053