‘Unfair’ to prolong dying man’s pain

Date published: 03 October 2012


Giving a severely brain damaged patient life saving treatment if his condition deteriorates would be unfair, futile and likely to cause a dying man unnecessary pain and distress, doctors have told a judge.

The Court of Protection is being asked by Pennine Acute Hospitals NHS Trust, which is responsible for the medical care of devout Muslim “Mr L” to rule it can lawfully withhold treatment.

But the 55-year-old Greater Manchester man’s family members say their faith requires everything to be done to prolong life “until God takes it away”.

Doctors diagnosed Mr L as being in a persistent vegetative state after he suffered a cardiac arrest and massive brain damage in July.

They said Mr L would have “no meaningful quality of life” if treatment were given. His family insist they have seen signs he was not in a vegetative state.

The court case was adjourned so further assessments could be made, but trust lawyers returned to court yesterday to argue resuscitation would still not be in the patient’s best interests.

Family lawyers said he is showing increased awareness of his environment. Two doctors conceded there had been slight improvement in his condition.

But they told Mr Justice Moylan the quality of life Mr L could expect if he survived the pain and distress of invasive resuscitation was not in his best interests.

A consultant physician currently treating Mr L told the court: “It would not be fair to a patient who is dying to start putting in tubes everywhere to keep him alive for a few more weeks.”

The hearing continues.

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