Making Decisions for Children-Accommodating Parental Choice in Best Interests Determinations: Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin).
Med Law Rev
; 28(1): 183-196, 2020 Feb 01.
Article
en En
| MEDLINE
| ID: mdl-31848628
ABSTRACT
Four-year-old Tafida Raqeeb suffered a sudden and catastrophic brain injury resulting from a rare condition. UK doctors would not agree to a transfer of Tafida to a hospital in Italy in circumstances that they considered to be contrary to her best interests. Her parents applied for judicial review of the hospital decision and the hospital Trust applied for a determination of Tafida's best interests. The cases were heard together. The High Court ruled that Tafida could be taken to Italy for treatment. Applying the best interests test, Mr Justice MacDonald found that Tafida was not in pain and ongoing treatment would not be a burden to her. Further treatment would comply with the religious beliefs of her parents. The case is specific to its facts, but MacDonald J's interpretation of the best interests test is likely to have implications. In particular, we explore the separation of medical and overall best interests; the recognition of the relevance of international laws and frameworks to best interests determinations; and reliance not on what Tafida could understand and express but on what she might in future have come to believe had she followed her parents' religious beliefs.
Palabras clave
Texto completo:
1
Colección:
01-internacional
Banco de datos:
MEDLINE
Asunto principal:
Padres
/
Medicina Estatal
/
Transferencia de Pacientes
/
Traumatismos Cerebrovasculares
/
Toma de Decisiones
/
Hospitalización
/
Cuidados para Prolongación de la Vida
Tipo de estudio:
Prognostic_studies
Límite:
Child, preschool
/
Female
/
Humans
País/Región como asunto:
Europa
Idioma:
En
Revista:
Med Law Rev
Asunto de la revista:
JURISPRUDENCIA
Año:
2020
Tipo del documento:
Article
País de afiliación:
Reino Unido