High Court case of pregnant woman on life support 'not about abortion'
The High Court has finished hearing legal submissions in the case of a pregnant woman who is on life support against the wishes of her family.
This special sitting of the High Court heard submissions from lawyers representing the pregnant woman’s father, the HSE, the unborn child, and the woman herself.
Presiding Judge Nicholas Kearns said the case was not a question of abortion, but that nonetheless Article 40.3.3 of the Constitution is engaged.
Seven doctors, the woman’s father and her partner agreed in testimony yesterday that use of artificial means to sustain the woman’s deteriorating body should end because she was declared clinically dead on December 3 and her foetus has no reasonable chance of survival.
Counsel for the woman's father said the evidence is overwhelming that there is an expectation of the death of the foetus, based on medical evidence.
Lawyers for the HSE said the mother is entitled to dignity in death as she would have been in life. They further argued that doctors should be allowed to trust their clinical judgement, especially where they were in agreement with each other, and in accordance with the families’ wishes.
Counsel for the unborn Conor Dignam said everyone was agreed this was a very tragic case.
However, he said that it was abundantly clear from the medical evidence that the mother's life had passed, and that therefore her right to life was no longer under consideration when looking at the unborn’s right to life.
Counsel for the mother referred to medical evidence heard yesterday that one person’s experimental medical treatment – as in the case of maintaining ongoing life support – was another’s pioneering treatment.
The Court will give its judgement on St Stephens’ Day.
