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Another judgment concerning severe delays by the Trust in applying to withdraw CANH from a patient in a Prolonged Disorder of Consciousness
Application by Trust concerning withdrawal of renal replacement therapy and other treatment RH had a rare liver disease and had been receiving treatment since an early age. An attempted liver transplant resulted in a bile leak that could not be stopped causing infection and organ failure. By February 2026 the clinicians thought RH was actively dying and no further treatment should be undertaken. The family disagreed with the move to palliative care and the Trust, following Townsend, continued with renal replacement therapy.
At [46] Mr Justice Peel finds the effects of the treatment mean that RH lacks capacity so he then assesses his best interests. While acknowledging RH's presentation has improved, this is because of the palliative RRT which will not lead to recovery and also that RH experiences discomfort [52]. However he decides at [53] the treatment is not yet intolerable so can continue but if there is a serious deterioration "then the clinicians are authorised not to treat with mechanical ventilation or vasopressors. If the RRT fails (e.g by reason of a blood pressure drop) or the line cannot be inserted, then the treatment can be withdrawn or withheld.These are ceilings of care which in my judgment are in RH's best interests. For the avoidance of doubt, my order is permissive; it does not prevent the clinicians from administering any treatment they think appropriate, but allows them lawfully to withdraw or withhold certain aspects of treatment." Read the judgment on Bailii Application by the NHS Trust for a declaration that it was lawful and in AS's best interests to continue risk feeding but with no insertion of an NG tube/PEG and to take a palliative care approach.
Best interests decision regarding DT and whether she should be moved to another country for the purpose of brain stem tests to determine whether she is dead.
Application by Trust to withdraw nutrition for a patient who had been in a PDOC since October 2024 following a bleed on the brain and who had long upheld complementary medicines such as Reiki.
Application for declaration that it is not in PK's best interests to receive clinically assisted nutrition and hydration.
Best interests decision concerning the medical treatment of a 62 year old man in a prolonged disorder of consciousness who is being cared for at the Royal Hospital for Neuro-disability.
Application by the NHS Trust seeking a declaration that it is lawful for the P, who has been left with significant brain damage after a large left-parietal intracranial haemorrhage, to receive palliative care only. The application was allowed.
Capacity decision relating to ST a young woman dying with a progressive disease who wishes medical treatment to continue in order to seek treatment abroad.
Judgment concerning whether to withdraw treatment for a patient described as being in a permanent coma
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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