The Hospital v S (a minor) [2019] NSWSC 642

The Hospital v S (a minor) [2019] NSWSC 642

Given unanimous, highly persuasive medical opinion that continuation of life-sustaining treatment would be futile, burdensome, ethically inappropriate, and contrary to S's dignity and best interests, and with parental consent withheld, the Court exercised its parens patriae jurisdiction to authorise discontinuation...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 June 2019
Procedural Posture
Principal Judgment / Final Hearing and Orders
Outcome
Declarations made authorising discontinuation of life-sustaining treatment. Orders granted.
Legal Topics
['parens Patriae Jurisdiction' 'end of Life Decisions' 'consent to Medical Treatment' 'withdrawal of Life Sustaining Treatment']
['child Welfare' 'equity'] ['parens Patriae Jurisdiction' 'end of Life Decisions' 'consent to Medical Treatment' 'withdrawal of Life Sustaining Treatment']

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Procedural Posture

Principal Judgment / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether it is in the best interests of a child to authorise the discontinuation of life-sustaining treatment' 'The scope and exercise of the parens patriae jurisdiction in end-of-life decisions']

Ratio Decidendi

Given unanimous, highly persuasive medical opinion that continuation of life-sustaining treatment would be futile, burdensome, ethically inappropriate, and contrary to S's dignity and best interests, and with parental consent withheld, the Court exercised its parens patriae jurisdiction to authorise discontinuation of treatment and limit future interventions to palliative care.

Court Disposition

Declarations made authorising discontinuation of life-sustaining treatment. Orders granted.

Orders

  • ['Declaration that the Hospital may lawfully discontinue all life-sustaining treatment and medical support measures (including withdrawal of mechanical positive pressure ventilation) designed to keep S alive in his current state.' 'Declaration that, once (1) has taken place, medical services to be provided at the...