Imperial College Healthcare An NHS Trust v MB (by his litigation friend, the Official Solicitor) and others

Medical treatment – Capacity. A brave young man, MB, who had suffered a birth injury due to medical negligence, and who had lived his entire life with profound disability and pain had, if anybody could, earned his right to a peaceful death at home with those he loved. The Court of Protection so ruled, in circumstances where MB's physical condition had seriously deteriorated in hospital, due to a serious and persistent infection, and where the judge had visited MB in hospital and MB had communicated (through non-verbal techniques) his wish to be at home with his mother, being aware that, to do so, would result in his death. The court ruled that the applicant's care plan to facilitate MB's return home remained, not only a viable option, but the best option for him, having regard to the wider landscape of factors, including the commitment of the doctors and the professionals involved, and MB's wishes.

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