Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

MEDICAL TREATMENT: An NHS Trust v MB (A Child Represented by CAFCASS as guardian ad litem) [2006] EWHC 507 (Fam)

Sep 29, 2018, 17:20 PM
Slug : an-nhs-trust-v-mb-a-child-represented-by-cafcass-as-guardian-ad-litem-2006-ewhc-507-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 29, 2006, 04:23 AM
Article ID : 89367

(Family Division; Holman J; 15 March 2006) [2006] 2 FLR 319

The 18 month-old child suffered from severe spinal muscular atrophy, an incurable and degenerative condition. Currently the child was severely disabled, unable to make any voluntary movements other than with his eyes, and, very slightly, with eyebrows, corners of mouth, thumb and toes. He could not breathe unaided, and had been ventilated for over 6 months; he could not swallow and had been intubated for over a year. He had a relatively short life expectancy measured in months rather than years. However, the child was conscious, with sensory awareness and seemed to have full cognitive function. The trust caring for the child, concerned about the discomfort, distress and pain suffered by the child on a daily basis, queried whether the childs life had become intolerable and sought authority to discontinue ventilation. The parents opposed this, arguing that the child had a reasonable quality of life based in large part upon his interaction with his family.

The judge held that it was not currently in the best interests of the child to discontinue ventilation, although it would be in the childs best interests to withhold procedures which went beyond maintaining ventilation and which required the positive infliction of pain (eg cardio pulmonary resuscitation, blood sampling, administration of intravenous antibiotics). Notwithstanding that the child suffered almost relentless discomfort, periods of distress and relatively short episodes of pain, he also continued to have relationships of value to him with members of his family and to gain other pleasures from touch, sight and sound. These were precious and real benefits, the only benefits the child was destined to gain from life, and were not outweighed by his suffering so as to justify ending his life. As the child's condition deteriorated, withdrawal of ventilation might eventually be in childs best interests.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from