Tuesday, 30 April, 2024
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Patient survives despite withheld treatment

A young man whom a judge ruled should be allowed to die against his parents’ wishes, after doctors said further treatment was "futile" and predicted he had just days to live, has survived for three months. The case of the 18-year-old, who cannot be identified, is now to be revisited by the Court of Protection in London after it heard he had "surpassed all expectations", reports The Daily Telegraph.

A judge ruled in February that although the teenager had shown "particular resilience and courage" over the years it would not now be in his interest to subject him to further chemotherapy or neurosurgery. His parents pleaded with the court to continue any possible treatment for their son, who has lived with a brain tumour since he was a baby, insisting he was not dying.

Doctors estimated he would live just two weeks at the most and the judge said that the medical evidence showed he was in "the last phase of his life" and the judge ruled he should receive palliative care but not be resuscitated or receive further neuro-surgical interventions or chemotherapy.

Yet, during a follow-up hearing the court was told that the teenager's survival had defied predictions. "(He) has surpassed all expectations and remains alive," John McKendrick, representing the father, said. McKendrick told the court that all parties agreed that an independent specialist should be asked to provide a report on the man which will be considered at a further hearing.

The judge indicated that the case would be re-analysed at that hearing.

Richard Copson, a specialist in Court of Protection cases at the law firm Slater and Gordon, said in the report: "Re-opening cases in relation to withholding medical treatment is rare. To withhold treatment is a significant decision which would not have been taken lightly and the judge would have gone through the medical evidence meticulously to decide what was in this young man’s best interests. If that evidence has now been shown to be potentially inaccurate and there is new evidence that his life expectancy may be longer than originally thought then it’s quite right and reassuring that this matter is brought back before the court."

[link url="http://www.telegraph.co.uk/news/uknews/law-and-order/11597383/Teen-still-alive-three-months-after-judge-rules-doctors-can-withhold-chemotherapy-as-he-had-fortnight-to-live.html"]Full report in The Daily Telegraph[/link]

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