Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

MEDICAL TREATMENT: An NHS Trust v SR [2012] EWHC 3842 (Fam)

Sep 29, 2018, 18:38 PM
Slug : medical-treatment-an-nhs-trust-v-sr-2012-ewhc-3842-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 21, 2013, 05:04 AM
Article ID : 101435

(Family Division, Bodey J, 21 December 2012)

The 7-year-old boy suffered from a malignant brain tumour and the multi-disciplinary team of child cancer experts recommended that following surgery he required radiotherapy and chemotherapy. That treatment package generally had an 80-86% success rate.

While the father and children's guardian agreed with the treatment plan, the mother did not and sought alternative treatment methods which would avoid or reduce the detrimental long-term side effects of the treatment proposed. The treating clinicians explained the importance of starting the treatment without delay in order to minimise the risk of residual cancer cells spreading and the preparatory work that would need to be done including making a mask to hold the child's head still and undertaking play therapy to prepare him for the demanding experience. Delays, however, occurred due to the mother's wish to change hospitals and her failure to present the child for medical appointments. The mother then went missing with the child but following a court order they were located and the child was placed in the care of the father. The NHS Trust brought urgent proceedings to determine the issue.

During the course of the hearing it was discovered that the child had a further cancerous tumour which required sugery. Once again the mother opposed that course but the court ordered that the surgery should take place in the best interests of the child without delay. The mother's appeal was dismissed and surgery took place on the following day. Proceedings in relation to post-operative care were therefore adjourned for that to take place.

On the basis of the evidence of the experts whose knowledge and experience in this field was highly impressive the balance of advantage and disadvantage tilted well in favour of radiotherapy and chemotherapy notwithstanding the detrimental side effects.

That decision was final. Whilst recognising that the mother's right to a fair trial was absolute, in all the circumstances: (i) she had a sufficient opportunity overall to put forward a case for complementary treatment for the child; and (ii) it was not unfair for this decision to be taken without there being any pre-ordained opportunity for her to apply at a further hearing.

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