header-logo header-logo

Caring to the bitter end

14 April 2017 / Jonathan Herring
Issue: 7742 / Categories: Features , Family
printer mail-detail
nlj_7742_herring

Jonathan Herring considers a tragic case concerning the right to withhold invasive medical treatment

  • Disputes over medical treatment of sick children must be decided on the best interests principle.
  • The right to life does not require patients to be given treatment which is not in the best interests to be kept alive.

A v MC (Care Proceedings) [2017] EWHC 370 (Fam) was one of those heart-breaking cases involving a seriously ill child. C was 13 and had multiple, significant disabilities. He had a limited life expectancy. The NHS Trust sought a declaration that it was lawful to withhold invasive treatment. His mother opposed the declaration.

C had severe four limb involvement spastic quadriplegia with athetoid cerebral palsy, global developmental delay, no vocal communication, curvature of the spine, epilepsy, very limited swallowing reflex, and respiratory problems. His lungs were damaged by previous infections and he was he suffered chronic malnourishment. He did not have mental capacity to be involved in decisions about his care. C lived with his mother and had very occasional

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll