ABSTRACT
On 5 February 2011, Mrs Tracey was diagnosed with lung cancer with an estimated life expectancy of 9 months. On 19 February, she sustained a serious cervical fracture after a major road accident. She was admitted to the hospital and transferred to the Neuro-Critical Care Unit under the care of a consultant neurosurgeon. The intensivist and oncologist decided that Mrs Tracey should be taken off the ventilator. On 27 February, a Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) notice was completed. The court therefore found that the Trust had violated Mrs Tracey's right to respect for her private life in failing to involve her in the process which led to the DNACPR notice. The Resuscitation Council made the further point that in recent years there has been a reduction of inappropriate and unsuccessful attempts at CPR and that a judgement requiring consultation with a patient save in exceptional circumstances would be likely to reverse that process.
