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Landmark ruling on Resuscitation orders.
(DNR)
A Judge has ruled that Doctors do not have the right to make decisions on Resuscitation orders, following a case in which a verdict was given that Doctors at Addenbrook Hospital had acted unlawfully.
Janet Tracey suffered from cancer and died 3 years ago, but neither the patient nor the family were involved in the decision to put in place a DNR. The judge said that, in its actions, the hospital had breached Article 8 of the European Convention of Human Rights and had potentially deprived a patient of treatment they would otherwise want.
The decision making process must involve consultation, unless there are very convincing reasons; excluding the patient because it would cause distress should not be a reason.
Solicitors acting for the family, Leigh Day, advised that the judgement sent a clear message to all those involved with the decision making process for a DNR order that patients and next of kin have a right to be consulted and kept informed.
The General Medical Council are to review its advice to professionals. The key to this decision is how a Doctor may feel a patient may react when discussing the subject. It is not enough to assume a patient will find it distressing, however if a Doctor feels discussing it could lead to the patient suffering psychological harm, then this is a reason not to discuss it, and it is the difference between the two that is uncertain.
The case has sent out a clear message that Doctors will need to justify and document the decision to put in place a Do Not Resuscitate order.
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