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Barts Health NHS Trust v Dance

Subject Matter

MEDICAL PRACTITIONER — Medical treatment — Withdrawal of ventilation

[2022] EWHC 1435 (Fam), Fam D

CHILDREN — Court’s inherent jurisdiction — Medical treatment — Child suffering from unsurvivable brain damage with treating hospital proposing to withdraw life support — Medical practitioners unable to conduct brain stem functioning test and therefore unable to diagnose death in accordance with code of practice — Hospital seeking declaration of death and declaration as to child’s best interests — Whether court of first instance wrong to make declaration of death absent medical diagnosis — Whether best interests test given due weight and attention — Whether appeal court to conduct bests interests test

[2022] EWCA Civ 935; [2022] 4 WLR 83; [2023] 1 FLR 731; [2022] WLR(D) 299, CA

Commentary

Transparency Project
Archie Battersbee Case – The hearing in the Court of Appeal Case comment

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