Health Trust seeks legal ruling to withhold treatment

Pennine Acute Hospitals NHS Trust has gone to the courts to decide whether or not it can refuse to give life-saving treatment to a man from Greater Manchester who is in a persistent vegetative state, allegedly ‘lacks capacity’ and is incapable of making his own decisions.

The man, who can only be identified as ‘Mr L’ for legal reasons is suffering from severe brain damage and there is a disagreement between the trust and his family over further medical intervention.

The Trust, which operates services at the Rochdale Infirmary and other local hospitals, believes that it would not be in the man’s interests to put him on a ventilator or attempt to resuscitate him in the event of a cardiac arrest or other ‘life-threatening’ scenario.

Mr L’s family disagree and believe that ‘all possible life-saving medical care’ should be provided according to the Mr Justice Ryder, the judge hearing the initial case. 

At the hearing, held yesterday, the Trust was seeking an interim ruling that it is not in Mr L’s best interests to receive life-saving treatment if it becomes necessary before the full case is due to be heard in the Court of Protection in London next week. This will be heard in public as the judge believes that it raises important issues regarding medical treatment.

However, Mr Justice Ryder decided that until the case is heard and a formal judgement made, the Trust is obliged to provide all medical care to Mr L in the event of any life threatening event.

The Trust’s legal representative, Debra Powell, has said that nobody at present can be sure of Mr L’s life expectancy and that it could be ‘many months or even longer’.

The case continues and is due to be heard on Monday next.