Bereaved mother wins court case over 'do not resuscitate order' for disabled son
A bereaved mother from has won her High Court case over a "do not resuscitate" notice that was placed on the file of her disabled son.
Elaine Winspear, from Washington, lost 28-year-old son Carl, who had cerebral palsy, epilepsy and spinal deformities, in January 2011 after he was admitted to hospital in Sunderland with a chest infection.
In her claim against City Hospitals Sunderland NHS Foundation Trust, she said that placing the Do Not Attempt Cardio-Pulmonary Resuscitation (DNACPR) notice on her son's record from 3am on the day he died, until it was cancelled some time after 12.30pm, without any consultation with someone representing his interests, was a breach of his Article 8 rights, which refer to respect for private and family life.
In London, Mr Justice Blake granted Mrs Winspear a declaration that her son's rights under the Human Rights Act were violated by the failure to involve her in the decision-making process that led to the notice.
The judge made no award of damages.
He said that the notice had no impact on Mr Winspear's actual treatment or the timing and manner of his death.
After the ruling, Mrs Winspear said: "It has been a long and emotional four years but it now finally feels like we have justice for Carl.
Merry Varney, from law firm Leigh Day, said: "Carl was unable to discuss his medical treatment with his doctors, and relied on his mother and other family to do this for him."
She said the judgment "makes it clear that it is not just a matter of good practice but a legal requirement for doctors to consult with family and carers before imposing DNACPR orders on patients without capacity to discuss resuscitation themselves, unless there are clear and convincing reasons not to."
Jan Tregelles, CEO of Mencap, said the judgment is a landmark for people with a learning disability, and their families.