4 ms·

I am surprised that the NHS let him leave the country. They have a poor track record of using the courts to assert their medical authority.

by melony 4y ago

DanBC 4y ago
Over a million patient contacts per day. How many court cases?
pmyteh 4y ago
The courts' jurisdiction for deciding what is in the 'best interest of the patient' extends only to people not competent to make their own decisions. It's a substitute for imposing the judgement of treating doctors or families, not an override of a patient's own autonomy. It absolutely wouldn't apply here: while a competent patient can't insist on treatment doctors aren't willing to give, they're absolutely free to find one who is, in the UK or abroad, whether the treatment is effective or placebo, painless or excruciating. That does not necessarily extend to a next-of-kin; the court may rule there that the patient is better served by a relatively peaceful death rather than further treatment if it's likely to be futile and painful. Even so, that's really quite rare - a handful of very public cases about dying children notwithstanding. The hearings are in the Family Division of the High Court, or sometimes in the Court of Protection, and the judgments are public. This[0] is a fairly typical one selected at random. A very sick child at the end of life with a progressive and incurable disease, with disagreement between the parents and medical staff about the best course of treatment. It's easy to understand and well worth a read if you're interested. I don't think the court is in any way infallible, but it's a world away from some of the more tabloid criticism that's thrown at it. [0]: https://www.bailii.org/ew/cases/EWHC/Fam/2021/2927.html https://www.bailii.org/ew/cases/EWHC/Fam/2021/2927.html
tim333 4y ago
I think you may be thinking of Archie Battersbee who was on life support and hence couldn't just go somewhere else easily. In general if you can walk there's no problem leaving the NHS and going wherever.

I am surprised that the NHS let him leave the country. They have a poor track record of using the courts to assert their medical authority.

by melony 4y ago

I am surprised that the NHS let him leave the country. They have a poor track record of using the courts to assert their medical authority.

DanBC 4y ago

Over a million patient contacts per day. How many court cases?

pmyteh 4y ago

The courts' jurisdiction for deciding what is in the 'best interest of the patient' extends only to people not competent to make their own decisions. It's a substitute for imposing the judgement of treating doctors or families, not an override of a patient's own autonomy. It absolutely wouldn't apply here: while a competent patient can't insist on treatment doctors aren't willing to give, they're absolutely free to find one who is, in the UK or abroad, whether the treatment is effective or placebo, painless or excruciating. That does not necessarily extend to a next-of-kin; the court may rule there that the patient is better served by a relatively peaceful death rather than further treatment if it's likely to be futile and painful. Even so, that's really quite rare - a handful of very public cases about dying children notwithstanding. The hearings are in the Family Division of the High Court, or sometimes in the Court of Protection, and the judgments are public. This[0] is a fairly typical one selected at random. A very sick child at the end of life with a progressive and incurable disease, with disagreement between the parents and medical staff about the best course of treatment. It's easy to understand and well worth a read if you're interested. I don't think the court is in any way infallible, but it's a world away from some of the more tabloid criticism that's thrown at it. [0]: https://www.bailii.org/ew/cases/EWHC/Fam/2021/2927.html https://www.bailii.org/ew/cases/EWHC/Fam/2021/2927.html

tim333 4y ago

I think you may be thinking of Archie Battersbee who was on life support and hence couldn't just go somewhere else easily. In general if you can walk there's no problem leaving the NHS and going wherever.