Down's Syndrome man takes legal action over 'do not resuscitate' order

 

A man with Down's Syndrome is taking legal action against an NHS trust after a do not resuscitate (DNR) order was put on his file without the knowledge of his next of kin.

The 51-year-old man, referred to as AWA, was admitted to the Queen Elizabeth the Queen Mother Hospital in Margate, Kent, on September 7, last year.

AWA, who has dementia and is fed by a tube through his stomach, stayed at the hospital until September 26.

But despite daily visits by his family and carer and meetings between his parents and the clinicians, it was only when AWA returned to his residential home that the DNR order was discovered.

It instructed staff not to perform resuscitation in the event of a cardio or respiratory arrest with no provision of review.

It also gave his disability as the sole reason for its imposition.

Merry Varney, from the human rights team at Leigh Day & Co solicitors which are representing AWA, said: "This is definitely one of the most extreme cases we have seen of a DNR order being not only imposed on a patient without consent or consultation, but to use Down's Syndrome and learning difficulties as a reason to withhold lifesaving treatment is nothing short of blatant prejudice.

"If an individual was physically preventing a doctor from administering life-saving treatment to a disabled relative, it would undoubtedly be a matter for the police, yet we see doctors taking this decision without consent or consultation regularly.

"The absurdity of this is highlighted by the contrast with cases where people wish to end their own lives.

"Any doctor assisting patients with capacity such as Tony Nicklinson or our own client 'Martin', who wish to end their own life would face prosecution for a serious criminal offence."

Mr X, a family member who is acting as the litigation friend for AWA, said: "We were all shocked to find out about what had been put into AWA's notes without our knowledge.

"One member of the family at least was in the hospital practically every day and could have been consulted about the decision.

"We are bringing this action to highlight the issue and to make sure that something like this cannot happen to another loved son and brother."

Ms Varney said she was also leading another case aimed at creating a nationwide policy for DNR orders rather than leaving them to individual NHS trusts.

Dr Neil Martin, medical director for East Kent Hospitals University NHS Foundation Trust, said: "The Trust cannot comment on this individual case because it is subject to ongoing legal proceedings.

"East Kent Hospitals has put a great deal in place in recent years to meet the needs of vulnerable patients, including practical steps to improve communication with people with learning disabilities and their carers.

"It has a clear and robust policy in place on 'do not attempt cardio-pulmonary resuscitation' which complies fully with national guidance from the professional bodies."

PA

News
people
Sport
FootballGerman sparks three goals in four minutes at favourite No 10 role
News
Rumer was diagnosed with bipolarity, attention deficit hyperactivity disorder and post-traumatic stress disorder: 'I was convinced it was a misdiagnosis'
peopleHer debut album caused her post-traumatic stress - how will she cope as she releases her third record?
Sport
A long jumper competes in the 80-to-84-year-old age division at the 2007 World Masters Championships
athletics
PROMOTED VIDEO
Life and Style
ebooksA superb mix of recipes serving up the freshest of local produce in a delicious range of styles
Life and Style
ebooksFrom the lifespan of a slug to the distance to the Sun: answers to 500 questions from readers
Sport
Radamel Falcao was forced to withdraw from the World Cup after undergoing surgery
premier leagueExclusive: Reds have agreement with Monaco
Arts and Entertainment
'New Tricks' star Dennis Waterman is departing from the show after he completes filming on two more episodes
tvHe is only remaining member of original cast
Life and Style
Walking tall: unlike some, Donatella Versace showed a strong and vibrant collection
fashionAlexander Fury on the staid Italian clothing industry
Arts and Entertainment
Gregory Porter learnt about his father’s voice at his funeral
music
Arts and Entertainment
tvHighs and lows of the cast's careers since 2004
Life and Style
Children at the Leytonstone branch of the Homeless Children's Aid and Adoption Society tuck into their harvest festival gifts, in October 1936
food + drinkThe harvest festival is back, but forget cans of tuna and packets of instant mash
Sport
Lewis Hamilton will start the Singapore Grand Prix from pole, with Nico Rosberg second and Daniel Ricciardo third
F1... for floodlit Singapore Grand Prix
New Articles
i100
Life and Style
Couples have been having sex less in 2014, according to a new survey
life
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

ES Rentals

    Independent Dating
    and  

    By clicking 'Search' you
    are agreeing to our
    Terms of Use.

    iJobs Job Widget
    iJobs General

    Volunteer Trustee opportunities now available at The Society for Experimental Biology

    Unpaid Voluntary Position : Reach Volunteering: Volunteer your expertise as Tr...

    Early Years Educator

    £68 - £73 per day + Competitive rates of pay based on experience: Randstad Edu...

    Nursery Nurse

    £69 - £73 per day + Competitive London rates of pay: Randstad Education Group:...

    Primary KS1 NQTs required in Lambeth

    £117 - £157 per day + Competitive London rates: Randstad Education Group: * Pr...

    Day In a Page

    Scottish referendum: The Yes vote was the love that dared speak its name, but it was not to be

    Despite the result, this is the end of the status quo

    Boyd Tonkin on the fall-out from the Scottish referendum
    Manolo Blahnik: The high priest of heels talks flats, Englishness, and why he loves Mary Beard

    Manolo Blahnik: Flats, Englishness, and Mary Beard

    The shoe designer who has been dubbed 'the patron saint of the stiletto'
    The Beatles biographer reveals exclusive original manuscripts of some of the best pop songs ever written

    Scrambled eggs and LSD

    Behind The Beatles' lyrics - thanks to Hunter Davis's original manuscript copies
    'Normcore' fashion: Blending in is the new standing out in latest catwalk non-trend

    'Normcore': Blending in is the new standing out

    Just when fashion was in grave danger of running out of trends, it only went and invented the non-trend. Rebecca Gonsalves investigates
    Dance’s new leading ladies fight back: How female vocalists are now writing their own hits

    New leading ladies of dance fight back

    How female vocalists are now writing their own hits
    Mystery of the Ground Zero wedding photo

    A shot in the dark

    Mystery of the wedding photo from Ground Zero
    His life, the universe and everything

    His life, the universe and everything

    New biography sheds light on comic genius of Douglas Adams
    Save us from small screen superheroes

    Save us from small screen superheroes

    Shows like Agents of S.H.I.E.L.D are little more than marketing tools
    Reach for the skies

    Reach for the skies

    From pools to football pitches, rooftop living is looking up
    These are the 12 best hotel spas in the UK

    12 best hotel spas in the UK

    Some hotels go all out on facilities; others stand out for the sheer quality of treatments
    These Iranian-controlled Shia militias used to specialise in killing American soldiers. Now they are fighting Isis, backed up by US airstrikes

    Widespread fear of Isis is producing strange bedfellows

    Iranian-controlled Shia militias that used to kill American soldiers are now fighting Isis, helped by US airstrikes
    Topshop goes part Athena poster, part last spring Prada

    Topshop goes part Athena poster, part last spring Prada

    Shoppers don't come to Topshop for the unique
    How to make a Lego masterpiece

    How to make a Lego masterpiece

    Toy breaks out of the nursery and heads for the gallery
    Meet the ‘Endies’ – city dwellers who are too poor to have fun

    Meet the ‘Endies’ – city dwellers who are too poor to have fun

    Urbanites are cursed with an acronym pointing to Employed but No Disposable Income or Savings
    Paisley’s decision to make peace with IRA enemies might remind the Arabs of Sadat

    Ian Paisley’s decision to make peace with his IRA enemies

    His Save Ulster from Sodomy campaign would surely have been supported by many a Sunni imam