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Canada has recently published a new Clinical Practice Guideline on the diagnosis and management of brain death. It states that consent is not necessary to carry out the interventions required to make the diagnosis. A supporting article not only sets out the arguments for this but also contends that ‘UK laws similarly carve out an exception, excusing clinicians from a prima facie duty to get consent’. This is supplemented by the claim that recent court decisions in the UK similarly confirm that consent is not required, referencing two judgements in Battersbee . We disagree with the authors’ interpretation of the law on consent in the UK and argue that there is nothing in Battersbee to support the conclusion that consent to testing is not necessary. Where there is a disagreement about testing for brain death in the UK, court authorisation is required.
Data sharing not applicable as no datasets generated and/or analysed for this study. ....
Family Law Week: Barts Health NHS Trust v Dance & Ors [2022] EWHC 1435 (Fam) familylawweek.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from familylawweek.co.uk Daily Mail and Mail on Sunday newspapers.
NHS Trust v S [2021] EWHC 594 (Fam) Application by hospital trust for declaration that it is lawful and in the best interests of a nine month old baby to withdraw life-sustaining treatment including ventilation
Background S suffered a severe lack of oxygen and blood supply to his vital organs around the time of his birth, and as a result sustained extensive brain injury (severe perinatal hypoxic ischaemic encephalopathy). He had remained on the neonatal intensive care unit since then, requiring ventilation and feeding by naso-gastric tube. The medical evidence (which included an independent report by the Head of Neonatal Services at GOSH commissioned by the parents) was that S had suffered permanent and irreversible brain damage and that there was no prospect of any improvement in his condition. He was unlikely to be able to see or hear, to ever be able to react to anyone or anything, to feed without a naso-gastric tube or a tube passing through the stomac ....