Clinical decisions, ethical issues and legal reasoning

King's College Hospital NHS Foundation Trust v XY (By Her Litigation Friend, the Official Solicitor) and XZ [2024] EWCOP 68

It is accepted that there are some very difficult decisions to be made at the end of life when patients are being treated in intensive care and lack capacity. In the vast majority of cases, there are relatives who can be consulted when doctors are considering what course of action would be in the patient's best interests. Those cases that reach the Court of Protection tend to involve situations in which doctors treating the patient, expert witnesses and family members cannot agree. Some recent cases illustrate the clinical difficulties, ethical dilemmas and legal reasoning involved in arriving at end-of-life decisions.