Landmark case in UK court allows withdrawal of treatment for patient in accordance with family wishes
In a landmark ruling today the Court of Protection has allowed medics treating a 68 year old woman (known as Mrs N) in a minimally conscious state to withdraw clinically assisted nutrition and hydration (CANH).
The woman’s daughter wanted the healthcare team to stop life-sustaining treatment because her mother, who is in a minimally conscious state at the end stage of multiple sclerosis, has no quality of life as she (Mrs N) would have perceived it.
This follows a previous ruling by the Court of Protection in 2011 which ruled that treatment could not be withdrawn from a patient in a minimally conscious state, at the family’s request.
Currently only 4% of the UK population have formally recorded their end-of-life wishes, despite 82% having strong feelings about what treatment they would and would not want at the end of life. Worryingly, over half (53%) of the public mistakenly believe that they have an automatic right to make decisions on behalf of a seriously ill loved one. If the patient has not made a Lasting Power of Attorney or an Advance Decision, then the final decision will lie with the doctor.
Compassion in Dying has just released a booklet ‘Starting the conversation’ which supports people to talk about their wishes for future care and treatment.
Davina Hehir, Director of Policy at Compassion in Dying, said:
“This case represents a landmark for the courts taking into account a person’s previously expressed wishes when deciding what treatment they would or would not want.
“The experience of the family in this case must have been harrowing and our hearts go out to them. People can help to avoid these distressing cases by planning ahead for their own treatment.
“The forthcoming New Year provides a good opportunity for people to plan for many things including their end of life treatment. We encourage people to make a resolution to make an Advance Decision so they can be in control of their own end of life care, where families and doctors do not have to navigate a legal quagmire at an already difficult time.”
