Mr L: Dramatic new evidence

Lawyers acting for Mr L, the 55-year old Muslim man whose family have gone to the High Court to prevent Pennine Acute Hospitals NHS Trust from resuscitating him in the event of a cardiac arrest, announced dramatic new evidence today claiming to show that their client is no longer in a persistent vegetative state (PVS).

Jenni Richards QC told the court that video footage seen by Dr Peter Newman, an independent expert in neurology who was due to testify in court this morning has produced a statement in which he accepts that there was a ‘closing of the eyes and grimacing’ when Mr L’s eyes were cleaned.

Ms Richards went on to say: “On the basis of what he had seen on the video footage, Dr Newman’s view, shared with all the parties, is that Mr L is no longer in a persistent vegetative state.”

The most likely scenario, according to Dr Newman is that Mr L is "most likely in a minimally conscious state".

Ms Richards told the court that it was impossible to rule out the fact that Mr L could develop "beyond the minimally conscious state... although the nature of his brain injury means that he will always be severely incapacitated".

Clare Watson, who is representing the Trust, admitted that "there has been a change in the diagnosis" which Dr Newman "has communicated to us this morning". But that it was not possible "to obtain a definitive view from the treating clinicians at the hospital whether or not that will alter their care plan for Mr L".

She went on to tell the judge: “It is unlikely to do so in the light of medical evidence already provided to the court.”

However, the lawyer acting for the Official Solicitor, Vikram Sachdeva said: “The position today has changed in a significant manner.”

He went on to say that the Trust’s assertion that there had been to significant movement was "probably not accurate".

He added: “This may not be a situation that [the Trust] can be blamed for and it may be that he is much more responsive in the evenings when the family visits. Whether that makes a difference in terms of the ultimate outcome of the declaration sought by the Trust is a matter for exploration.”

Outside the court, Helen Lewis, clinical negligence solicitor acting on behalf of Mr L’s family, said: “The family are pleased that the responses from Mr L, which they have witnessed, have now been accepted in evidence by an independent expert.

“The Trust’s clinicians now need to reassess the position in the light of the latest evidence.”

The case continues.

http://www.rochdaleonline.co.uk/news-features/2/news-headlines/72586/muslim-mans-family-in-righttolife-court-battle