The
European Court of Human Rights ruled yesterday that doctors treating a profoundly disabled boy were wrong to attempt to override his mother's objections to a treatment which would have resulted in his death, without going to court.
David Glass, now 18, is severely
mentally and physically disabled. He had undergone routine treatment at the age of 12 at St Mary's Hospital, Portsmouth, to remove his tonsils. When he contracted a chest infection and his condition worsened, doctors began to carry out treatment to alleviate his suffering, a treatment which they recognised would have resulted in his death, despite his mother's objections.
The right to physical integrity
The European Court of Human Rights ruled that the decision to impose treatment on David against his mother's wishes, without going to court, gave rise to an interference with his right to respect for his private life, and in particular, his right to physical integrity.
The decision has confirmed that, except in cases requiring life-saving treatment, doctors cannot override the wishes of parents regarding medical treatment for their children, without going to court first.
Richard Stein, partner at Leigh Day & Co who represented David and his mother said:
“This decision is a good one for patients, and in particular, parents of young patients. It confirms that except in cases requiring life-saving treatment, doctors cannot override the wishes of parents regarding medical treatment for their children, without going to court first.. Parents have a right to choose appropriate treatment for their children and, in situations where doctors disagree with parents, they should seek advice from an independent court.”
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