A patient’s decision to refuse dialysis against opposing Hospital

John McKendrick has been instructed in a Court of Protection case where King’s College Hospital NHS Foundation Trust made an application to provide life-saving treatment against a patient’s will.

The patient’s daughter, John’s client, argued that her mother was able and entitled to make the decision to refuse the treatment, despite it being a difficult decision. The Hospital Trust attempted to show that the patient lacked capacity to decide on ending her own life.

Following a ten hour hearing, the Judge dismissed the Trust’s application, as he was not persuaded by the hospital’s arguments, although he noted that it was right to make the application.

Press coverage of the case can be viewed  here.

The court’s judgment can be viewed here.

News 20 Nov, 2015