header-logo header-logo

In the balance?

18 November 2011 / Andrew Parsons
Issue: 7490 / Categories: Features , Public , Mental health
printer mail-detail

Andrew Parsons deliberates over the court’s approach to the withdrawal of life-sustaining treatment

Although it has been known for some time that an application may be made to the court of protection to authorise the withdrawal of life-sustaining treatment from a patient in a vegetative state (VS) a recent case, Re M [2011] EWHC 2443 (Fam), [2011] All ER (D) 142 (Sep) has looked at the rather more difficult question of when this should be withdrawn from a patient whose condition was not so acute as to amount to a VS, albeit the quality of life was limited. It was argued that there is a difference between VS and minimally conscious state (MCS) cases. In VS cases, the balance falls in one direction in favour of withdrawal. In MCS cases, it depends on the facts, and, in assessing best interests, the court must follow a balance sheet approach.

Irreparable brain damage

The patient, M, fell into a coma in 2003 aged 43 as a result of viral encephalitis which caused extensive and

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll