An assessment of the court's role in the withdrawal of clinically assisted nutrition and hydration from patients in the permanent vegetative state

Halliday, Simon and Formby, Adam and Cookson, Richard (2015) An assessment of the court's role in the withdrawal of clinically assisted nutrition and hydration from patients in the permanent vegetative state. Medical Law Review, 23 (4). 556–587. ISSN 0967-0742 (https://doi.org/10.1093/medlaw/fwv026)

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Abstract

In this article we reassess the court’s role in the withdrawal of clinically assisted nutrition and hydration from patients in the permanent vegetative state, focusing on cases where health care teams and families agree that such in the patient’s best interest. As well as including a doctrinal analysis, the reassessment draws on empirical data from the families of patients with prolonged disorders of consciousness, on economic data about the costs of the declaratory relief process to the NHS, and on comparative legal data about the comparable procedural requirements in other jurisdictions. We show that, following the decision in the Bland case, the role of the Court of Protection is now restricted to the direct supervision of the PVS diagnosis as a matter of proof. We argue that this is an inappropriate role for the court, and one that sits in some tension with the best interests of patients. The blanket requirement of declaratory relief for all cases is economically expensive for the NHS and thus deprives other NHS patients from health care. We demonstrate that many of the ancillary benefits currently offered by declaratory relief could be achieved by other means. Ultimately, we suggest that reform to the declaratory relief requirement is called for.

ORCID iDs

Halliday, Simon ORCID logoORCID: https://orcid.org/0000-0001-5107-6783, Formby, Adam and Cookson, Richard;
  • Item type:Article
    ID code:84954
    Dates:
    Date
    Event
    6 June 2015
    Published
    Notes:Simon Halliday, Adam Formby, Richard Cookson, AN ASSESSMENT OF THE COURT'S ROLE IN THE WITHDRAWAL OF CLINICALLY ASSISTED NUTRITION AND HYDRATION FROM PATIENTS IN THE PERMANENT VEGETATIVE STATE, Medical Law Review, Volume 23, Issue 4, Autumn 2015, Pages 556–587, https://doi.org/10.1093/medlaw/fwv026
    Subjects:Law
    Medicine
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:30 Mar 2023 14:32
    Last modified:11 Nov 2024 13:53
    URI:https://strathprints.strath.ac.uk/id/eprint/84954
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