End of Life Adults Flashcards
Gilderdale
Mother of a woman with ME, she was paralysed and bedridden. Begged the mother to help end her life. Mother gave her daughter morphine and pills so she died.
Court found her not guilty
Inglis
Mother had a terminally ill son after he fell out of the back of an ambulance. She went into the hospital to inject him with heroin to end his life but was unsuccessful. She then broke into the hospital to do it again and was successful.
She was found guilty of the murder and attempted of her son.
R v Chard 1993
Doctor left a patient a huge dose of paracetamol.
Wasn’t found guilty of assisted suicide and he did not actually give him the paracetamol he just presented the option to take it.
Daniel James
Rugby player left paralysed after falling on his neck. He tried every chance of rehabilitation and he was never going to get any better. He had already attempted suicide 3 times so wanted to go to Dignitas.
Parents helped him go to Dignitas and weren’t found guilty of assisted suicide and they had done everything possible to persuade Daniel not to do it and it wasn’t in the public interest to prosecute.
Nicklinsom v MoJ 2012
Nicklinson had a stroke at 51, he was left paralysed and couldn’t speak. He didn’t want treatment withdrawn as that meant he would be starving to death. He asked his GP to help him die and argued that he would be able to use necessity as a defence.
The current law on assisted suicide breaches article 8.
Pretty v UK 2002
42 year old woman with motor neurone disease. She wanted to end her life but needed assistance. Husband was happy to assist but only if he could avoid prosecution.
Sought DPP assurance as the Suicide Act is incompatible with article 2 and 3 and isn’t clear enough.
Debbie Pardy 2009
46 year old woman, wanted to know if her husband would be prosecuted if he helped end her life.
CPS didn’t provide sufficient guidance whether it would be in public interest to prosecute her husband so it was in breach of article 8.
Conway v Sec of State for Justice 2018
68 year old with motor neurone disease. Wished to take his life at home when his prognosis was less than 6 months.
The appeal was based on a claim that s.2 Suicide Act was incompatible with art 8 which the court did not accept.
s.24/25 MCA 2005
Advance decisions.
Must be 18+
Can refuse treatment but not basic care
May be withdrawn anytime that the patient has capacity
No procedural requirements unless the treatment being refused is life sustaining. If life sustaining it must be written, signed and witnessed.
R v Cox 1992
Woman with severe and painful arthritis. Wanted to end her life so Cox gave her an injection of potassium chloride which ended her life immediately.
Doctor charged because the injection wasn’t to relive any pain it was just to kill her. He was then acquitted.
Re L 2013
Muslim man who had a DNR order put on his file as CPR would be too invasive and prolong death rather than save his life
