UK doctors given right to withhold treatment of baby

Doctors treating terminally ill baby Luke Winston-Jones today received the British High Court's permission to withhold life-saving…

Doctors treating terminally ill baby Luke Winston-Jones today received the British High Court's permission to withhold life-saving treatment by mechanical ventilation if his condition deteriorates.

But, following a last-minute concession by the hospitals looking after him, he will still have the chance of cardiac massage, if it becomes necessary.

Lawyers for his mother, Ruth, who still hopes he will come home, said later the outcome was that Luke, who suffers from a rare genetic disorder, had been given "a fighting chance".

The judge urged Luke 's mother to accept the clinical judgment of the doctors.

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Ms Winston-Jones, 35, from Holyhead in North Wales, accepted in court yesterday that her nine-month-old son was terminally ill.

Supported by her two sisters, Helen and Jacqui, she challenged the view of doctors that Luke 's condition was seriously deteriorating and, if it became critical, it would "not be in his best interests" to resuscitate him through cardiac massage or mechanical ventilation.

The judge was asked by the Royal Liverpool Children's NHS Trust and North West Wales NHS for a declaration on what treatment was required and what should be withheld in the absence of agreement between doctors and his mother.

After a tense, two-day hearing during which the mother was often reduced to tears, the judge ruled that mechanical ventilation, an aggressive procedure, would not be in the baby's best interests and carried risks that he could become dependent on a ventilator and his life become "not worth living".

But, following a late concession by the trusts, she said cardiac massage should remain an option. It would be "a matter for clinical judgment" at the relevant time as to whether it was in Luke 's best interests.

Luke had suffered two cardiac arrests and many respiratory arrests during his time in hospital at Bangor and at Alder Hey Children's Hospital, Liverpool.

The judge said the mother clearly had a close relationship with Luke "who, despite all his medical problems, responds to her, lies happily in her arms while she cuddles him and goes peacefully to sleep".

Referring to Luke's "best interests", the judge said there was a strong presumption in favour of preserving life, but not if the treatment would be futile.

The court heard that Ms Winston-Jones had, before the court hearing, agreed a palliative care plan aimed at allowing Luke to return home and had been training in heart massage and resuscitation techniques.

As Ms Winston-Jones left court, she said: "Thank you to everyone for their belief in me."

PA