2014 02 Health Care

Saturday 1 March 2014

Share This Page

Email This Page

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)

We are top ranked by independent legal directories and consistently win awards

+ View more awards