An NHS Foundation Trust v M & K

An NHS Foundation Trust v M & K

It is not in M's best interests to be resuscitated, admitted to intensive care, or given antibiotics for pneumonia due to the futility, burdensomeness, and lack of prospect of recovery, as established by unanimous medical evidence and statutory guidance. Declarations are made to permit withholding such treatments and to provide only palliative care.

Parties
Applicant: An NHS Foundation Trust; 1st Respondent: M; 2nd Respondent: K
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Application for Declarations in the Court of Protection / Final Judgment
Outcome
Declarations granted as sought by the applicant and supported by the Official Solicitor.
Legal Topics
Best Interests, Withholding Life Sustaining Treatment, Capacity to Litigate, Palliative Care, Resuscitation, Intensive Care, Malnutrition
Mental Capacity Medical Law Best Interests Withholding Life Sustaining Treatment Capacity to Litigate Palliative Care Resuscitation Intensive Care +1 more

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Parties

An NHS Foundation Trust

Applicant

M

1st Respondent

K

2nd Respondent

Procedural Posture

Application for Declarations in the Court of Protection / Final Judgment

Legal Issues

  1. 1 Whether M lacks capacity to make decisions regarding serious medical treatment
  2. 2 Whether it is lawful and in M's best interests not to resuscitate him in the event of cardiac or respiratory arrest
  3. 3 Whether it is lawful and in M's best interests not to escalate treatment by way of ICU admission except for reversible conditions

Ratio Decidendi

It is not in M's best interests to be resuscitated, admitted to intensive care, or given antibiotics for pneumonia due to the futility, burdensomeness, and lack of prospect of recovery, as established by unanimous medical evidence and statutory guidance. Declarations are made to permit withholding such treatments and to provide only palliative care.

Court Disposition

Declarations granted as sought by the applicant and supported by the Official Solicitor.

Orders

  • Declaration that M should not be resuscitated in the event of cardiac or respiratory arrest.
  • Declaration that M should not be admitted to intensive care or mechanically ventilated except for reversible conditions.