header-logo header-logo

04 July 2014 / Charles Foster
Issue: 7613 / Categories: Opinion
printer mail-detail

Game of life

comment_foster

Advance decisions for incapacitous patients haven’t been let in through the back door, says Charles Foster

What do you do when it’s obvious that an incapacitous patient would, had they capacity, refuse life-sustaining treatment? Can it be said that it is nonetheless in their best interests to have the treatment?

No, said Hayden J, in a recent judgment in the Court of Protection: Sheffield Teaching Hospitals NHS Foundation Trust v TH and TR [2014] EWCOP 4, [2014] All ER (D) 209 (May).

TH was 52, and in a minimally conscious state. Although there was no definitive determination of the medical facts (that determination was adjourned), the prognosis seemed to be poor. At best, it seemed, there might be a small increase in the level of consciousness—and even that was rather unlikely. He was, and would remain, legally incapacitous.

Should life-sustaining treatment be given?

It is important to translate that question into the language used by Lady Hale in Aintree University Hospital NHS Foundation Trust v James [2013] UKSC 67, [2014] 1 All ER 573.

Would

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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
back-to-top-scroll