Judge rules on 'Do Not Resuscitate' case
Friday 21 December 2012
A judge has ruled against a further hearing in a case involving a terminally-ill woman who was not consulted before a “do not resuscitate” (DNR) notice was placed on her medical records.
Earlier this week, Mrs Justice Nicola Davies said the failure to inform or involve 63-year-old Janet Tracey had "minimal causative effect", as the notice was cancelled five days later when her family objected, and not acted upon.
On that occasion, the doctor involved did consult Mrs Tracey's daughter and believed she had agreed to the notice.
The judge also found that a second notice, which followed three days afterwards and two days before Mrs Tracey's death, was put in place with the agreement of her family, who were unwilling to speak to her about it.
Today, the judge said it would be neither "appropriate nor proportionate", in the light of those limited findings of fact, to have a judicial review hearing on the legal issues, which would also involve the Health Secretary.
She refused permission to appeal but lawyers for Mrs Tracey can pursue the application directly with the Court of Appeal.
They want a judicial review to clarify whether there is a legal duty to inform patients with capacity whether a DNR has been placed on their notes and whether they have any right to be consulted about it.
Mrs Tracey, a care home manager, died in March last year following a transfer to Addenbrooke's Hospital, Cambridge, after breaking her neck in a car crash on February 19 - two weeks after being diagnosed with terminal lung cancer.
The first notice, on February 27, was cancelled on March 2, while a second was imposed on March 5, two days before she died.
Urging the go-ahead for a judicial review, Philip Havers QC said the issue was not academic but of real concern to many patients, their relatives and doctors.
Lord Faulks QC, for the trust, said there was certainly a public interest in such delicate and sensitive matters but that did not justify the court involving itself in rewriting policy.
Giving her ruling today, the judge said such a hearing would involve the court grappling with issues of policy and clinical decision-making on the basis of limited evidence.
The public interest would not be served by embarking upon a wide-ranging inquiry on such a basis.
- 1 Howard Jacobson: Let's see the 'criticism' of Israel for what it really is
- 2 Instagram of US airport security chiefs: Lipstick knives and IED training kits among items seized
- 3 Brazil vs Germany World Cup 2014: In defence of Mesut Ozil - the Arsenal midfielder works magic in the shadows
- 4 PornHub begs users to stop uploading video clips of Brazil getting beaten 7-1
- 5 Tony Abbott embarrasses Australia by praising Japanese WWII military, ‘getting on the sake’ and posing for ‘crotch-shot’ photo opportunity
Game of Thrones author George RR Martin says 'f*** you' to fans who fear he will die before finishing Westeros saga
Jennifer Lawrence face palms Emma Watson at Christian Dior show in Paris
Instagram of US airport security chiefs: Lipstick knives and IED training kits among items seized
Mick Jagger denies being World Cup curse and reason for Brazil’s embarrassing defeat
Gingers face extinction due to climate change, scientists warn
Sustained immigration has not harmed Britons' employment, say government advisers
British jihadist calls for 'flag of Islam' over Downing Street and Buckingham Palace
Australia facing international condemnation after turning around Sri Lankans at sea
7/7 memorial defaced on anniversary of 2005 attacks with ‘Blair lied thousands died’ graffiti
Even when it brutalises one of its own teenage citizens, America is helpless against Israel
There’s a nasty smell in the political air – and it’s coming from the Tories
£60000 - £75000 per annum: Harrington Starr: Business Analyst Consultant (Fina...
£60000 per annum: Harrington Starr: A leading provider in investment managemen...
£600 - £700 per day: Harrington Starr: AVS, JVS Openlink Endur Developer JVS, ...
£45000 - £60000 per annum + competitive: Progressive Recruitment: Exciting opp...