University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39

Medical treatment, including CPR "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be seen as futile. ... Against that, I have to balance the very clear wishes, expressed by HB to her daughter, that she would want all steps taken to preserve her life ... Where it is not clear whether HB will make an improvement in her neurological condition, it is, in my judgment, contrary to her best interests and premature to rule out the treatments set out in Part 2 of the updated treatment plan, numbers (2) to (6). ... Mr McKendrick submits that it would not be in HB's best interests that the potentially last moments of her life were lived with her undergoing the violent and invasive procedures necessary in providing CPR, that it would be a traumatic scene for her children to witness in her final moments. I entirely accept those submissions and the force in them, but key to the decision must be the wishes and feelings of HB and it is plain that administering CPR in the event of a further collapse and giving her, albeit a very, very small chance of life, is what she would wish. 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."

Note

Published on Bailii on 11/2/19

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Medical treatment cases🔍

Date: 30/8/18

Court: Court of Protection🔍

Judge(s):

Parties:

  • University Hospitals Birmingham NHS Foundation Trust🔍
  • HB🔍
  • FB🔍

Citation number(s):

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Published: 12 Feb 2019, 09:31:12 AM