The NHS Trust v Ms D

The NHS Trust v Ms D

Ms D is in an irreversible persistent vegetative state with no prospect of recovery. It is not in her best interests to subject her to invasive life-prolonging procedures, as this would only prolong dying and further compromise her dignity. The court grants the declaration sought, focusing on palliative care and...

Source-derived case information.

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
Originating Summons / Judgment
Outcome
Declaration granted
Legal Topics
Withdrawal of Life Sustaining Treatment, Best Interests, Capacity, Persistent Vegetative State
Medical Law Family Law Withdrawal of Life Sustaining Treatment Best Interests Capacity Persistent Vegetative State

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Parties

The NHS Trust

Claimant

Ms D

First Defendant

Mr and Mrs D

Second Defendants

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether it is in Ms D's best interests to withhold certain life-sustaining treatments
  2. 2 Whether Ms D lacks capacity to make decisions regarding her medical treatment

Ratio Decidendi

Ms D is in an irreversible persistent vegetative state with no prospect of recovery. It is not in her best interests to subject her to invasive life-prolonging procedures, as this would only prolong dying and further compromise her dignity. The court grants the declaration sought, focusing on palliative care and leaving antibiotic therapy to the discretion of treating doctors based on best interests.

Court Disposition

Declaration granted

Orders

  • It is declared that Ms D lacks capacity to make decisions regarding her future medical treatment.
  • It is declared that it is not in Ms D's best interests 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...