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2014 01 Health Care

Saturday 1 February 2014

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R (on the application of David Tracey) v (1) Cambridge University Hospital NHS Foundation Trust , (2) Secretary of State for Health [2014] EWCA Civ 33 (Lord Dyson (MR), Longmore LJ, Ryder LJ): The appellant appealed a decision ([2012] EWHC 3860 (Admin)) that there be no further hearing of his judicial review application in relation to the placing of a Do Not Attempt Cardio-Pulmonary Resuscitation notice on the medical file of his wife and the lawfulness of the first respondent NHS trust's non-resuscitation policy. The appellant’s wife had been admitted to hospital following a road traffic accident. Two weeks prior to her admission she had been diagnosed with terminal lung cancer. During her admission her clinical condition deteriorated and a DNACPR notice was placed on her medical file. That notice was cancelled and later replaced with another. W died two days later. On allowing the appeal the Court held that It was appropriate to allow a judicial review application regarding the lawfulness of an NHS trust's non-resuscitation policy to proceed to a substantive hearing because the arguments were more than just academic and the application raised issues of some general importance. (click here for judgment)