header-logo header-logo

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

In the balance?

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EWHC 2443 (Fam), [2011] All ER (D) 142 (Sep) has looked at the rather more difficult question of when this should be withdrawn from a patient whose condition was not so acute as to amount to a VS, albeit the quality of life was limited.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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll