Tracey v. Cambridge University Hospital - Duty to Consult on DNR Orders

Almost three years ago, David Tracey filed a lawsuit against Cambridge University Hospital.  Tracey alleged that CUH clinicians wrote a DNR order for his wife without her consent and without any discussion with her.



Today, Tracey finally obtained a favorable judgment from the Court of Appeal.  I posted a copy of the judgment here.   



Although British law makes clear that the final word on such issues lies with medical staff, there has been an apparent lack of clarity over just how far they have to go in consulting a patient or their families about their wishes.  Indeed, the Tracey case is hardly unique.  As I have blogged extensively, there have been dozens of recent cases in which DNAR orders were written not only without consent but also without even consulting the patient or family.



Today, the Court clarified  that when it comes to withholding or withdrawing life-sustaining treatment, there is a presumption in favor of patient involvement.