Last
week, Mrs. Justice Nicola Davies ruled in Tracey v. Cambridge
University Hospital. I have posted a copy of the decision
here.
Janet Tracey was not consulted before a "do not
resuscitate" notice was placed on her medical records. But Justice
Davies held that the failure to inform or involve Janet had
"minimal causative effect," as the notice was cancelled five days
later when her family objected, and not acted upon. The judge also found
that a second notice, which followed three days afterwards and two days before
Mrs Tracey's death, was put in place with the agreement of her family.
Justice Davies ruled that it would be neither "appropriate nor
proportionate", in the light of those limited findings of fact, to have a
judicial review hearing on the legal issues. She refused permission to appeal but lawyers for Mrs Tracey can
pursue the application directly with the Court of Appeal. Plaintiffs want a
judicial review to clarify whether there is a legal duty to inform patients
with capacity whether a DNR has been placed on their notes and whether they
have any right to be consulted about it.
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