An NHS Trust v L & Ors (Rev 1) [2012] EWHC 4313 (Fam) (08 October 2012)

An NHS Trust v L & Ors (Rev 1) [2012] EWHC 4313 (Fam) (08 October 2012)

It is not in Mr L's best interests for active resuscitation or similar life-sustaining treatment to be provided in the event of cardiac or respiratory arrest or serious deterioration, given the overwhelming medical evidence that such interventions would be futile, would not restore meaningful life, and would likely...

Source-derived case information.

Citation
[2012] EWHC 4313 (Fam)
Parties
Applicant: AN NHS Trust; 1st Respondent: L (By his Litigation Friend the Official Solicitor); 2nd Respondent: Mrs L; 3rd Respondent: Mr FL; 4th Respondent: Mr TL
Jurisdiction
England and Wales
Judgment Date
08 October 2012
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Final Judgment After Contested Hearing
Outcome
Declaration granted in favour of the NHS Trust
Legal Topics
Best Interests Determination, Withdrawal or Withholding of Life Sustaining Treatment, Do Not Attempt Resuscitation (dnar), Patient Autonomy and Capacity, Religious Beliefs and Medical Treatment, Role of the Court in Medical Decision Making
Mental Capacity Law Medical Law Family Law Best Interests Determination Withdrawal or Withholding of Life Sustaining Treatment Do Not Attempt Resuscitation (dnar) Patient Autonomy and Capacity Religious Beliefs and Medical Treatment +1 more

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Parties

AN NHS Trust

Applicant

L (By his Litigation Friend the Official Solicitor)

1st Respondent

Mrs L

2nd Respondent

Mr FL

3rd Respondent

Mr TL

4th Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in Mr L's best interests for active resuscitation and/or similar treatment to be provided in the event of cardiac or respiratory arrest or serious deterioration
  2. 2 Whether the court can or should require clinicians to provide treatment contrary to their clinical judgment
  3. 3 How Mr L's religious beliefs and family wishes should be weighed in the best interests analysis

Ratio Decidendi

It is not in Mr L's best interests for active resuscitation or similar life-sustaining treatment to be provided in the event of cardiac or respiratory arrest or serious deterioration, given the overwhelming medical evidence that such interventions would be futile, would not restore meaningful life, and would likely cause further suffering and indignity. The court cannot and will not require clinicians to provide treatment contrary to their professional judgment. While the family's religious and moral views are respected and weighed, they do not override the best interests analysis or the clinical judgment of the treating team.

Court Disposition

Declaration granted in favour of the NHS Trust

Orders

  • Declaration that it is not in Mr L's best interests for active resuscitation and/or similar treatment to be provided in the event of cardiac or respiratory arrest or other serious deterioration.
  • No order requiring clinicians to provide treatment contrary to their clinical judgment.