Court rules to maintain care for vulnerable brain damaged woman
The High Court ruled today (28 September) against an application for the withdrawal of food and water from a vulnerable woman called 'M', who is in a ‘minimally conscious state’.
M suffered severe brain damage in 2003 and has been cared for since that time. Her family believed that making the application for the withdrawal of food and water was in M's best interests, but Mr Justice Baker said that, although he had taken into account the various statements expressed by M before the incident, the principle of the preservation of life carried 'substantial weight' and that an order for withdrawal of food and water would not be made.
Mr Justice Baker emphasised that although M suffered pain, she had had positive experiences. Evidence given by M's carers during the hearing in July portrayed a woman who, despite severe brain injury, was able to enjoy and respond to music.
Individuals in a ‘minimally conscious state’ have a level of consciousness greater than that of individuals in a permanent vegetative state, and research has discovered cases where patients have recovered. Mr Justice Baker urged caution about the correct diagnosis of such patients before an application to withdraw food and water was considered. He said that her care is "of the highest standard".
Andrea Williams, CEO of the Christian Legal Centre, said:
“We welcome today’s decision, and we’re extremely grateful that the legal protections we currently have for vulnerable, disabled people have not been further weakened. It would have been ethically wrong to end her life. The law is in place because it protects the lives of people such as M and this must not be changed.
“We are pleased that the Court of Protection has lived up to its name and fulfilled its mandate to protect the vulnerable. In particular, I welcome the comments of Mr Justice Baker, clearly stating that the law regards the preservation of life as a fundamental principle. This must never change.”
Sources
Other Links
Christian Concern: Mother seeks Court Order to end life of daughter
Christian Concern: End of Life
