Re C (A Baby)

JurisdictionEngland & Wales
Judgment Date1996
Date1996
CourtFamily Division

SIR STEPHEN BROWN, P

Child – very young child suffering serious degree of brain damage – requiring artificial ventilation – suffering increasing pain and distress – discontinuance of artificial ventilation.

The child was 3 months old. Within two weeks of birth she suffered a form of meningitis. This had left the child with a serious degree of brain damage. She could not see or hear. She was on artificial ventilation and could not survive without it. She suffered pain and distress which would increase.

The child was made a ward of court. The medical evidence was unanimous in stating that it was not in the best interests of the child to continue to be ventilated artificially. If artificial ventilation was discontinued the child would die within an hour or two.

Held – Having regard to the evidence, the court would grant leave to the medical staff responsible to discontinue the artificial ventilation of the baby. It was not appropriate for the court to make observations as to when it would be appropriate for doctors in the position of the doctors in this case to seek the leave of the court. Each case must be considered on its merits.

Michael Taylor for the hospital.

Christopher Limb for the parents.

Caroline Harry-Thomas for the Official Solicitor.

SIR STEPHEN BROWN, P.

This is a tragic case and all those who have heard the facts and the evidence which has been adduced must have profound sympathy with the parents of the little child. She was born on 2 January of this year and she is just 3 months old. She was a premature baby, being born eight weeks prematurely. She was born with certain immediate difficulties, but, most important of all, she developed a form of meningitis on 15 January, within a fortnight of her birth. That has left terrible problems. It has left her with a serious degree of brain damage and she is subjected to repeated convulsions due to the brain damage. She is now on an artificial ventilation machine and cannot survive without artificial ventilation. She is fed by a tube and the evidence which I have heard today from the doctor

who has been in charge of her treatment, Dr Evans, as supplemented, if I may say so, by the evidence of a very experienced and distinguished consultant paediatric neurologist, Dr Rosenbloom, makes it clear that this little child suffers pain and distress and will suffer increasing pain and distress if matters continue as at present.

I need not rehearse in this judgment all the details which Dr Rosenbloom has so...

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2 cases
  • NHS Trust v B (A Child) and Mr & Mrs B (Parents)
    • United Kingdom
    • Family Division
    • 15 March 2006
    ...have been placed before me, the two which, in different respects, may most nearly approach the circumstances of the present case are Re C (A baby) [1996] 2 FLR 43 decided by Sir Stephen Brown P on 3 rd April 1996, and Re C (A minor) (Medical treatment) [1998] Lloyd's Law Reports Medical, pa......
  • Irish Hospital v H (R) & McG (J)
    • Ireland
    • High Court
    • 11 January 2012
    ...3 AER 930 SUPERINTENDENT OF FAMILY & CHILD SERVICES & DAWSON 1983 145 DLR (3ED) 610 J (A MINOR), IN RE 1992 4 AER 614 C (A BABY), IN RE 1996 2 FLR 43 1996 32 BMLR 44 C (A MINOR), IN RE 1997 40 BMLR 31 T (A MINOR), IN RE 1997 1 AER 906 Z (A MINOR), IN RE 1995 4 AER 961 A WARD OF COURT, IN RE......

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