Doctors can legally cease treating man with mind harm, decide guidelines

Sep 13, 2023 at 12:33 AM
Doctors can legally cease treating man with mind harm, decide guidelines

Doctors can lawfully cease treating a 20-year-old man who suffered a mind harm after a struggle in a pub backyard, a High Court decide has dominated.

Specialists say roofer Andy Casey’s mind stem operate has died and he’s subsequently lifeless.

Mr Justice MacDonald, who oversaw a personal trial within the Family Division of the High Court in London on Friday, mentioned on Tuesday he agrees.

Hospital belief bosses liable for Mr Casey’s care had requested the decide to rule therapy can lawfully finish, however his kin need it to proceed and say they’ve seen motion and indicators of life.

Mr Casey’s sister, Christine, 27, advised the decide she doesn’t imagine he’s brian-stem lifeless.

After the ruling, she mentioned she is “so angry” and kin goal to enchantment.

Ms Casey mentioned the decide had checked out video footage exhibiting Mr Casey transferring.

“He reacts to pain,” she mentioned. “I showed the judge so many videos. How can someone who reacts to pain be dead?

“We are taking a look at an enchantment.”

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Brain stem testing reveals man is lifeless

A lawyer representing the hospital belief, which has duty for Mr Casey’s therapy, requested the decide to rule it might be lawful to stop synthetic air flow and care.

Barrister Abid Mahmood mentioned mind stem testing by two specialists confirmed Mr Casey is lifeless.

He advised the decide in a written case define that Mr Casey had been concerned in a struggle in a pub backyard on 9 July and was “punched to the head” and “fell to the ground”. He mentioned specialists had identified loss of life on 16 July.

The decide heard Mr Casey had remained on a ventilator since being injured.

In a written ruling, Mr Justice MacDonald mentioned: “Whilst I understand fully the conclusions that the family and friends of Mr Casey have, in their sorrow, drawn from his movements and apparent responses to the ventilator, having regard to the totality of evidence before the court, I am also satisfied that what the family are seeing are in fact well-recognised base reflexes that can survive brain stem death.

“Cruelly, the flattering voice of hope convinces people who love Mr Casey that these are indicators that Mr Casey shouldn’t be lifeless.

“With regret, I am satisfied that the brain stem testing undertaken… demonstrate(s) that he is.”

‘A tragedy’ for household and mates

Mr Justice MacDonald mentioned he had concluded, with “very great sadness”, Mr Casey “died on 16 July 2023 at 11.51pm”.

He added: “I understand that this will come as a bitter disappointment to Mr Casey’s family and friends.

“The now blurred boundary between life and loss of life may be delineated by reference to philosophy, to ethics or to the cardinal tenets of the world’s nice religions.

“But the task of this court is to consider whether Mr Casey has crossed over that boundary for the purposes of the law.”

He mentioned he’s glad, having regard to mind stem testing undertaken in accordance with a code of apply, Mr Casey had died.

The decide added: “I recognise that this is a tragedy for his family and friends and whilst I am certain that it will offer little comfort, they have my profound sympathy.”

Well-wishers have pledged almost £11,000 to a GoFundMe enchantment organised by Ms Casey, which says the cash raised will “help to cover legal costs” and “rehabilitation” if Mr Casey “pulls through”.