End of Life Incapacity Flashcards
Bland 1993
Hillsborough victim. Crushed lungs and was on life support but was not brain stem dead so still alive.
There was no duty to treat unless in his best interest which it wasn’t.
R (David Tracey) v Cambridge Hospital 2014
Woman had cancer and was then in a car crash. Doctor put a DNR order on his records without her knowing. She had capacity but wasn’t consulted.
Patients wishes should always be taken into account.
W Healthcare v H 2004
Patient with MS who was conscious but recognised no one, unable to speak and needed 24 hour care.
No declaration made that it was lawful to not reconnect the feeding tube.
Re M 2011
Patient in a minimally conscious state but not sure to what extent. Evidence not overwhelming that her life was entirely negative so she still derived some joy from life.
Aintree v David James 2013
68 year old with cancer and multiple organ failure, stroke and cardiac arrest. Treatment would be overly burdensome with no prospect of recovery so not in best interests to treat.
Treatment is not futile if it enables a patient to resume a quality of life that they would regard as worthwhile.
Wye Valley v Mr B 2015
73 year old with mental illness and diabetes. Application to carry out an amputation. Without the amputation he would die. He did lack capacity however amputation wasn’t in his best interests.
GMC Guidance- Withdrawal of treatment
If the patient will die in hours or days then hospital must consider the burden of assisted nutrition and hydration. If requested it will continue till death.
If the patient will die in weeks or months then nutrition and hydration must be given and they must be kept warm and comfortable.
Cambridge NHSFT v AH 2021
Patient with irreversible brain damage following Covid. Ventilation kept on so family could join her before she died.
Best interests includes medical and emotional.
