An NHS Foundation Trust v M & K [2013] EWCOP 2402 (24 May 2013)

An NHS Foundation Trust v M & K [2013] EWCOP 2402 (24 May 2013)

It is not in M's best interests to receive CPR, intensive care (except for short-term reversible conditions), or antibiotics for pneumonia, as such treatments would be futile, overly burdensome, and offer no prospect of recovery or meaningful benefit. The court is satisfied that M lacks capacity and that the proposed withholding of life-sustaining treatment is lawful and appropriate under the Mental Capacity Act 2005.

Citation
[2013] EWCOP 2402
Parties
Applicant: An NHS Foundation Trust; 1st Respondent: M; 2nd Respondent: K
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Court of Protection Application for Declarations / Final Judgment
Outcome
Declarations granted as sought by the Applicant.
Legal Topics
Best Interests, Withholding Life Sustaining Treatment, Do Not Attempt Resuscitation (dnar), Intensive Care Decisions, Mental Capacity Act 2005
Mental Capacity Law Medical Law Best Interests Withholding Life Sustaining Treatment Do Not Attempt Resuscitation (dnar) Intensive Care Decisions Mental Capacity Act 2005

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Parties

An NHS Foundation Trust

Applicant

M

1st Respondent

K

2nd Respondent

Procedural Posture

Court of Protection Application for Declarations / Final Judgment

Legal Issues

  1. 1 Whether it is lawful and in M's best interests to withhold resuscitation, intensive care, and antibiotics for pneumonia
  2. 2 Whether M lacks capacity to make decisions regarding his medical treatment

Ratio Decidendi

It is not in M's best interests to receive CPR, intensive care (except for short-term reversible conditions), or antibiotics for pneumonia, as such treatments would be futile, overly burdensome, and offer no prospect of recovery or meaningful benefit. The court is satisfied that M lacks capacity and that the proposed withholding of life-sustaining treatment is lawful and appropriate under the Mental Capacity Act 2005.

Court Disposition

Declarations granted as sought by the Applicant.

Orders

  • Declaration that M lacks capacity to litigate and make decisions regarding the serious medical treatments at issue.
  • Declaration that it is lawful and in M's best interests for treating clinicians not to resuscitate him in the event of cardiac or respiratory arrest.