Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust v TG & Anor [2019] EWCOP 21

Judgment concerning whether or not it is in the best interests that intubation should continue or should not continue to be provided.

The patient had suffered brain damage after she collapsed in church in December 2018. The medical evidence presented was that she had shown no signs of improvement in two months since the trauma and that any recovery would be to a minimally conscious state minus (MCS minus) where she would only feel pain, though it was accepted that she made eye and other reflex movements. In these circumstances intubation was in the doctors opinion not in TG's best interests.

In making that assessments, Cohen J reminds himself that, following Lambert v France, the wishes and feelings of the patient are central to his decision. TG had been a devout Catholic who believed in the sanctity of life and evidence from the daughter was that they had discussed the issue before her mother's collapse. The judge also noted that Royal College of Physician guidelines stated that 6 months were needed to assess whether a persistent vegetative state had become permanent and only two months had elapsed in this case. This combined, with clear evidence of TG's wishes, meant that intubation should continue.

Read the full text of the judgment on Bailii.