An NHS Foundation Trust v AB

An NHS Foundation Trust v AB

Any further treatment by way of artificial ventilation over a significant period is unlikely to prolong EF's life significantly and the burdens outweigh the benefits. Reintubation, even once, is not in EF's best interests due to pain and distress. Bagging is permissible only within the first 24 hours after extubation, at the discretion of the medical team, as the benefits in that limited period outweigh the burdens.

Parties
Applicant: An NHS Foundation Trust; 1st Respondent: AB; 2nd Respondent: CD; 3rd Respondent: EF (A Child) By His Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
04 April 2014
Procedural Posture
Family / Judgment
Outcome
Declarations sought by the Trust granted with additions for bagging in first 24 hours after extubation.
Legal Topics
Best Interests of Child, Withdrawal of Life Sustaining Treatment, Reporting Restrictions, Medical Decision Making for Children
Family Law Medical Law Best Interests of Child Withdrawal of Life Sustaining Treatment Reporting Restrictions Medical Decision Making for Children

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Parties

An NHS Foundation Trust

Applicant

AB

1st Respondent

CD

2nd Respondent

EF (A Child) By His Children’s Guardian

3rd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether further artificial ventilation (intubation or bagging) after extubation is in EF's best interests
  2. 2 Extent of medical intervention permissible for a child with incurable neurodevelopmental disorder

Ratio Decidendi

Any further treatment by way of artificial ventilation over a significant period is unlikely to prolong EF's life significantly and the burdens outweigh the benefits. Reintubation, even once, is not in EF's best interests due to pain and distress. Bagging is permissible only within the first 24 hours after extubation, at the discretion of the medical team, as the benefits in that limited period outweigh the burdens.

Court Disposition

Declarations sought by the Trust granted with additions for bagging in first 24 hours after extubation.

Orders

  • After extubation, all forms of respiratory and cardiac support will be withdrawn and withheld except as specified in the Emergency Care Plan and Symptom Management Plan.
  • Bagging (artificial ventilation by mask) is permitted within the first 24 hours after extubation, at the discretion of the medical team in consultation with the parents.