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13/09/2012
Down's Syndrome Patient Sues Over DNR Notice
An NHS trust is being sued by a man with Down's syndrome over a hospital's decision to issue a do-not-resuscitate order, which gives his disability as one of the reasons.
The instruction, which states to not attempt resuscitation in the event of a cardiac or respiratory arrest, was issued without his family's knowledge, whose lawyers described the order as "blatant discrimination".
East Kent Hospitals University NHS Foundation Trust says it complied fully with guidance from professional bodies.
The family of the man, who can be identified only as AWA because of a court order, remained unaware of the do-not-resuscitate (DNR) decision until he had returned from hospital to his care home.
The DNR form, issued while he was in hospital in Margate a year ago, was listed as an indefinite decision, meaning it would cover the duration of his stay in hospital, with no provision for review.
The reasons given were "Down's syndrome, unable to swallow (Peg [percutaneous endoscopic gastronomy] fed), bed bound, learning difficulties".
AWA, 51, has dementia and was having a special tube fitted to help him with feeding.
The form says there was no discussion with his next of kin because they were "unavailable", but the family say they visited him in hospital "virtually every day" - and a carer from his home sometimes attended too.
Solicitor Merry Varney represents AWA and his family, from Leigh Day & Co.
She said: "This is definitely one of the most extreme cases we have seen of a DNR order being imposed on a patient without consent or consultation.
"To use Down's syndrome and learning difficulties as a reason to withhold lifesaving treatment is nothing short of blatant discrimination.
"If an individual was physically preventing a doctor from administering life-saving treatment to a disabled relative, it would undoubtedly be a matter for the police, yet we see doctors taking this decision without consent or consultation regularly."
(H)
The instruction, which states to not attempt resuscitation in the event of a cardiac or respiratory arrest, was issued without his family's knowledge, whose lawyers described the order as "blatant discrimination".
East Kent Hospitals University NHS Foundation Trust says it complied fully with guidance from professional bodies.
The family of the man, who can be identified only as AWA because of a court order, remained unaware of the do-not-resuscitate (DNR) decision until he had returned from hospital to his care home.
The DNR form, issued while he was in hospital in Margate a year ago, was listed as an indefinite decision, meaning it would cover the duration of his stay in hospital, with no provision for review.
The reasons given were "Down's syndrome, unable to swallow (Peg [percutaneous endoscopic gastronomy] fed), bed bound, learning difficulties".
AWA, 51, has dementia and was having a special tube fitted to help him with feeding.
The form says there was no discussion with his next of kin because they were "unavailable", but the family say they visited him in hospital "virtually every day" - and a carer from his home sometimes attended too.
Solicitor Merry Varney represents AWA and his family, from Leigh Day & Co.
She said: "This is definitely one of the most extreme cases we have seen of a DNR order being imposed on a patient without consent or consultation.
"To use Down's syndrome and learning difficulties as a reason to withhold lifesaving treatment is nothing short of blatant discrimination.
"If an individual was physically preventing a doctor from administering life-saving treatment to a disabled relative, it would undoubtedly be a matter for the police, yet we see doctors taking this decision without consent or consultation regularly."
(H)
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