High Court rules doctors can turn off life support for clinically dead pregnant woman

The High Court has ruled that doctors may turn off the life support for a clinically dead pregnant woman

High Court rules doctors can turn off life support for clinically dead pregnant woman

The High Court has ruled that doctors may turn off the life support for a clinically dead pregnant woman

The family of the woman, who's medically brain dead, applied for permission to let her die after she was put on life support over three weeks ago because she suffered a serious brain trauma.

However, doctors refused to turn off the life support over concerns about the constitutional rights of her unborn child.

Doctors had previously told the court the unborn baby cannot survive.

The three-judge panel, comprising president of the High Court Mr Justice Nicholas Kearns, Ms Justice Marie Baker and Ms Justice Caroline Costello, said to keep the brain-dead mother alive for the sake of the unborn would be a "distressing exercise in futility".

Justice Kearns said the court "is satisfied, in the circumstances of this case, that in the best interest of the unborn child, it should authorise at the discretion of the medical team the withdrawal of ongoing somatic support being provided in this tragic and unfortunate case".

"It will accordingly make a declaration and order to that effect."

The High Court added that it was a case of “great public importance”.

The judges said In their ruling: “The condition of the mother is failing at such a rate and to such a degree that it will not be possible for the pregnancy to progress much further or to a point where any form of live birth will be possible.”

Medical evidence showed the unborn child was facing into a “perfect storm” with no realistic prospect of emerging alive.

Doctors with the best interests of both the mother and unborn child do not believe there is any medical or ethically based reason for continuing with the “grotesque” process, the court was told.

The woman’s father took the case against the HSE after agreeing with the woman’s partner that the life support should be switched off.

“He wanted her to have a dignified death and be put to rest,” the court ruling stated.

“His daughter’s two children are aware that their mother is sick and believe she is being looked after by the nurses ’until the angels appear’.”

There is to be no appeal of the decision by either side in the case.

Paul Connors, communications director with the HSE, said it was a very welcome decision at the end of a very traumatic number of days for the woman’s family.

“Certainly, it brings a great degree of clarity to these particular situations,” he said.

Health Minister Leo Varadkar said he would be carefully examining the ruling.

“I wish to convey my heartfelt sympathies to the family and partner of the woman at the centre of this case at this most difficult time – particularly given the season,” he said.

“This case and the judgement will need to be carefully examined before I can make any further comment on it.

“In the meantime, I would ask that the privacy of this family is respected, at this so difficult and challenging time.”

During the case, which was fast-tracked through the High Court, harrowing evidence was given by the woman’s father and her partner – who cannot be named in order to protect their privacy – as well as seven doctors.

The woman suffered a head wound in a bathroom fall in hospital on November 29 after being admitted for nausea and headaches.

A catastrophic fluid build-up in her brain led to her being declared clinically dead four days later.

Such is her physical deterioration since then that one of her children was left very distressed at her appearance when she last saw her, the High Court was told.

Dr Frances Colreavy, an intensive care specialist, had told the court she inspected the woman’s body on Monday and found it unrecognisable compared to a photo of her by her bedside.

Having practised medicine for decades in Ireland and Australia, she had never witnessed a clinically-dead person being kept on life support for so long, the court was told.

She said the woman’s blood was becoming increasingly toxic.

Dr Peter McKenna, former master of Dublin’s Rotunda Maternity Hospital, said if the treatment was not halted it would go “from the extraordinary to the grotesque”.

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