Wyatt v Portsmouth NHS Trust and Another: FD 21 Apr 2005

Charlotte Wyatt had been born very premature and so severely disabled that her doctors sought and obtained an order that she should not be revived if she died. She had survived several months longer than expected and her parents had noticed improvements. They sought a revocation of the order.
Held: Charlotte had survived and made some small progress. Her doctors still however expected her to die. A doctor appointed by her family asserted that she might be treated, though still with very substantial difficulties. This amounted to a fundamental clash of philosophies of the doctors. In this case and after careful and anxious consideration, the judge was convinced by the majority medical opinion, and declined to make the order sought. Applying Glass, it would be wrong to await developments. The declaration should continue.
Hedley J said: ‘The infinite variety of the human condition never ceases to surprise and it is that fact that defeats any attempt to be more precise in a definition of best interests’

Hedley J
[2005] EWHC 693 (Fam)
Bailii
England and Wales
Citing:
See AlsoPortsmouth NHS Trust v Wyatt and others FD 7-Oct-2004
Charlotte Wyatt was born prematurely, and depended for day to day her life on medical support. Her doctors asked to be permitted not to resuscitate her again if she needed it. Her parents asked that she be given whatever chance was available for her . .
CitedRe L (a child) (Medical Treatment: Benefit) FD 1-Nov-2004
(Date) . .
CitedRegina v Portsmouth Hospitals NHS Trust (ex parte Glass) CA 21-Jul-1999
The courts can not intervene between a parent and her child’s doctors to control future medical care of the child. Such decisions must be made as they presented themselves. In such cases the child’s best interests took precedence over strict . .
CitedGlass v The United Kingdom ECHR 9-Mar-2004
The applicant’s adult son was disabled. There was a disagreement with the hospital about his care. The hospital considered that to alleviate his distress, he should not be resuscitated. The family wanted to take him home, fearing euthanasia. The . .

Cited by:
Appeal fromWyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
CitedAintree University Hospitals NHS Foundation Trust v James SC 30-Oct-2013
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .

Lists of cited by and citing cases may be incomplete.

Health

Updated: 15 November 2021; Ref: scu.224516