The NHS Trust v Ms D [2005] EWHC 2439 (Fam) (10 November 2005)

The NHS Trust v Ms D [2005] EWHC 2439 (Fam) (10 November 2005)

Given the unanimous expert medical evidence that Ms D is in an irreversible persistent vegetative state with no prospect of recovery, and that further invasive interventions would not benefit her but only prolong dying and diminish dignity, it is in her best interests that such treatments be withheld, with palliative care continued.

Citation
[2005] EWHC 2439 (Fam)
Parties
Claimant: The NHS Trust; First Defendant: Ms D; Second Defendants: Mr and Mrs D
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Family Division Medical Treatment Declaration / Judgment After Contested Application
Outcome
Declarations granted as sought (with minor amendment regarding antibiotics); application by NHS Trust allowed.
Legal Topics
Best Interests, Withdrawal of Life Sustaining Treatment, Mental Capacity, Persistent Vegetative State, Declaratory Relief
Family Law Medical Law Best Interests Withdrawal of Life Sustaining Treatment Mental Capacity Persistent Vegetative State Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The NHS Trust

Claimant

Ms D

First Defendant

Mr and Mrs D

Second Defendants

Procedural Posture

Family Division Medical Treatment Declaration / Judgment After Contested Application

Legal Issues

  1. 1 Whether it is in Ms D's best interests to withhold certain life-sustaining treatments given her persistent vegetative state and prognosis
  2. 2 Whether the court should grant declarations authorising the withholding of resuscitation, mechanical ventilation, general anaesthesia, and central venous access

Ratio Decidendi

Given the unanimous expert medical evidence that Ms D is in an irreversible persistent vegetative state with no prospect of recovery, and that further invasive interventions would not benefit her but only prolong dying and diminish dignity, it is in her best interests that such treatments be withheld, with palliative care continued.

Court Disposition

Declarations granted as sought (with minor amendment regarding antibiotics); application by NHS Trust allowed.

Orders

  • Declaration that Ms D lacks capacity to make decisions regarding her future medical treatment.
  • Declaration that it is in Ms D's best interests not to receive resuscitation (external cardiac massage, bag and mask ventilation, bolus dose of inotrope, electrical cardioversion, intravenous fluid boluses), mechanical ventilation and CPAP, any procedure requiring general anaesthetic, or any procedure requiring...