NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16

Application to seek a declaration that it would not be in the P's best interests to continue to receive life-sustaining treatment by way of the extracorporeal membrane oxygenation machine, (ECMO). The declaration was made.

The P is a 32 year old woman who contracted Covid-19 in January 2021. She is gravely ill with pneumonitis, an inflammation of the lung tissue, caused by Covid-19 and is also suffering several other medical complications in consequence of the inflammation. The clinical team consider the P's condition to be precarious and because of the escalating gravity of her situation, the Trust made an application to have withdrawal from the ECMO declared as being in their patient's best interests. The application was opposed by the P's family.

The court made the application sought. The objective here was not to shorten her life but to avoid the prolongation of her death.

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