*Tracey v Cambridge University Hospital NHS Foundation Trust and another

Human rights – Infringement of human rights. The applicant's wife had been in critical condition in hospital. A 'do not attempt cardio-pulmonary resuscitation' notice had been put on her patient record to the effect that cardio-pulmonary resuscitation was not to be performed if required. Neither the patient nor her family had agreed to such a notice. When the family objected, the notice was removed from the notes. The family sought judicial review of the decision to place the notice on her file, contending that to have done so without adequate consultation with the patient and her family and without notifying any of them had been a breach of the patient's rights under art 8 of the European Convention on Human Rights. The Court of Appeal, Civil Division, held that the NHS Trust had violated the patient's rights under art 8 by having failed to involve her in the process which had led to the first notice. In general, there was a presumption in favour of patient involvement in the decision, although there were certain limited circumstances where such involvement might not be required.

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