Co-authored by Michael Mylonas KC, Jamie Mathieson and Elizabeth Fox.
Contents
- A Introduction 15.1
- Prolonged disorders of consciousness (coma/VS/MCS) 15.2
- B Vs: Legal principles 15.8
- The Bland decision 15.9
- Extending Bland to other cases 15.12
- The problem with ‘act’ and ‘omission’ 15.15
- Continuing treatment as an assault 15.16
- European Convention on Human Rights 15.17
- European Convention on Human Rights: the Lambert decision 15.23
- MCS: legal principles 15.29
- Withdrawal of treatment in MCS 15.30
- C Diagnosis of PVS and MCS 15.40
- Current approach to diagnosis 15.44
- ‘Permanent’ VS 15.49
- Diagnosis of a minimally conscious state 15.51
- Summary 15.52
- D Role of the family 15.53
- E Is an application to court required? 15.55
- When court approval is required to withhold nutrition and hydration 15.56
- Advance decisions/prior consent 15.58
- F Application to court 15.59
- Confidentiality 15.60
- Evidence 15.61
- G Emergency cases 15.68
- Critique of Frenchay approach 15.69
- H Doctors who disagree in principle 15.70
- I Children 15.71
- Welfare of the child 15.72
- Decision making in the absence of pain 15.75
- Dignity 15.76
- The procedural position in applications relating to children 15.81
- Social media 15.82
- Medical experts 15.83
- Funding 15.84
- J Mediation 15.85
- K Conlusion 15.86