ABSTRACT

In this case, Re C (A Minor) (Medical Treatment) [1998] Lloyd’s Rep Med 1, the 16 month old baby was suffering from spinal muscular atrophy, type 1 (SMA) and was dependent on intermittent positive pressure ventilation. The doctors treating her were of the opinion that her condition fell into the ‘no chance’ situation defined in Withholding or Withdrawing Lifesaving Treatment in Children: A Framework for Practice, published by the Royal College of Paediatrics and Child Health (RCP) in September 1997. Accordingly, they wished to withdraw ventilator support and allow her to die with palliative care in the event of cardiac arrest. Her parents, who were orthodox Jews, felt unable to consent to this course of action and insisted that she be reventilated should she suffer respiratory relapse. Despite her emaciated and deteriorating condition, C did appear to recognise her parents and smile when they visited her. Her doctors refused to accede to their wishes, maintaining that further treatment would cause her increasing distress, could cause medical complications and was futile, as her life expectancy was unlikely to extend beyond 18 months. The hospital authority applied to the High Court for the declaration approving their care management plan. The Official Solicitor appeared as amicus curiae.