University Hospitals Birmingham NHS Foundation Trust v HB [2018] EWCOP 39

Application by NHS Trust seeking an order confirming that certain forms of treatment were not in P's best interests.

P had collapsed as a result of which she suffered severe hypoxic injury  leaving her possibly in a persistent vegetative state. The Trust had put in place a two part plan of treatment, the second part concerning whether they should undertake treatment should she suffer a cardiac arrest, renal failure or other complications as the Trust thought such interventions would be futile.

P's daughter, FB, opposed this part of the plan as she had talked to her mother about  prolonging life after a previous hospitalisation.

Keehan J agreed that FB was sincere in what she had said and concluded that, while administering CPR in particular would be distressing for the hospital staff,  the key to his decision must be the wishes and feelings of P stating at [36]: 

"In my judgment, at the moment, it remains in her best interests for that treatment to be provided to her. I entirely accept that there will undoubtedly come a time when such treatments would no longer be in her best interests but I am entirely satisfied that that stage has not been reached yet."

Read the judgment on Bailii.