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| 'Do not resuscitate' case considered by Court of Appeal | 'Do not resuscitate' case considered by Court of Appeal |
| (about 5 hours later) | |
| The case of a dying woman who was not consulted before a "do not resuscitate" notice was placed in her medical records is due to be heard in the Court of Appeal. | The case of a dying woman who was not consulted before a "do not resuscitate" notice was placed in her medical records is due to be heard in the Court of Appeal. |
| Janet Tracey, who had terminal lung cancer, died in hospital in Cambridge three years ago. | Janet Tracey, who had terminal lung cancer, died in hospital in Cambridge three years ago. |
| Her family are pushing for a national policy about how the notices should be used in the NHS in England. | Her family are pushing for a national policy about how the notices should be used in the NHS in England. |
| Addenbrooke's Hospital says its doctors acted in Mrs Tracey's best interests. | Addenbrooke's Hospital says its doctors acted in Mrs Tracey's best interests. |
| Mrs Tracey, who managed a care home for the elderly, was suffering from advanced lung cancer when she was taken to hospital after a serious car crash. | Mrs Tracey, who managed a care home for the elderly, was suffering from advanced lung cancer when she was taken to hospital after a serious car crash. |
| Janet Tracey's husband and daughters were distressed when a "do not resuscitate" notice was put in her hospital records. | Janet Tracey's husband and daughters were distressed when a "do not resuscitate" notice was put in her hospital records. |
| It was cancelled after the family complained, though a second was later put in place - after talks with the family and two days before Mrs Tracey died at the age of 63. | It was cancelled after the family complained, though a second was later put in place - after talks with the family and two days before Mrs Tracey died at the age of 63. |
| No-one suggested resuscitation was needed when she died. | No-one suggested resuscitation was needed when she died. |
| Mrs Tracey's family is challenging the lawfulness of the "do not resuscitate" policy at Addenbrooke's Hospital and claiming the first notice breached her human rights, which the hospital denies. | |
| As well as arguing for a national policy in England, the civil case will also look at the issue of involving patients in the decision-making process and giving them clearer information. | |
| Mrs Tracey's daughter, Kate Masters, 47, said: "The situation really has to change so that no other families are left like mine are. | Mrs Tracey's daughter, Kate Masters, 47, said: "The situation really has to change so that no other families are left like mine are. |
| "How someone's end of life is handled really does live with the family forever. | "How someone's end of life is handled really does live with the family forever. |
| "At the moment, the policy on managing resuscitation is down to each trust - including each ambulance trust. | "At the moment, the policy on managing resuscitation is down to each trust - including each ambulance trust. |
| "The end result is that nobody gets any clear information when it comes to patient level. And that can be heartbreaking." | "The end result is that nobody gets any clear information when it comes to patient level. And that can be heartbreaking." |
| Mrs Tracey's husband, Dave, 66, said: "There needs to be some clarity, so people can understand the situation and what is going on with your particular loved one at the time. | Mrs Tracey's husband, Dave, 66, said: "There needs to be some clarity, so people can understand the situation and what is going on with your particular loved one at the time. |
| "This has been going on so long. I personally can't turn a corner in my life while this case is hanging over us." | "This has been going on so long. I personally can't turn a corner in my life while this case is hanging over us." |
| Resuscitation is a complex area - doctors and nurses have to assess whether the intervention is likely to restore breathing, or leave the patient more ill. | Resuscitation is a complex area - doctors and nurses have to assess whether the intervention is likely to restore breathing, or leave the patient more ill. |
| Another of Mrs Tracey's daughters, Alison Noeland, 43, said: "We've had contact from relatives of patients, who have been through a similar experience, that they shouldn't have to go through. | Another of Mrs Tracey's daughters, Alison Noeland, 43, said: "We've had contact from relatives of patients, who have been through a similar experience, that they shouldn't have to go through. |
| "And some doctors have been contacting us too, saying they hope that we can bring some change." | "And some doctors have been contacting us too, saying they hope that we can bring some change." |
| The family's solicitor, Merry Varney from Leigh Day, said: "This case is not about giving patients the right to demand cardio-pulmonary resuscitation in any circumstance. | The family's solicitor, Merry Varney from Leigh Day, said: "This case is not about giving patients the right to demand cardio-pulmonary resuscitation in any circumstance. |
| "This is about the decision-making process, and the rights of patients to be involved in how those decisions are made, and to know that those decision have been made about them." | "This is about the decision-making process, and the rights of patients to be involved in how those decisions are made, and to know that those decision have been made about them." |
| The Court of Appeal proceedings follow a 2012 high court hearing to determine the facts of the case. | |
| A spokesman from Cambridge University Hospitals NHS Foundation Trust said: "The issues that will be considered by the Court of Appeal have now been considerably reduced. | A spokesman from Cambridge University Hospitals NHS Foundation Trust said: "The issues that will be considered by the Court of Appeal have now been considerably reduced. |
| "It would be inappropriate to comment further at this stage. | "It would be inappropriate to comment further at this stage. |
| "Previously the High Court judge ruled that Addenbrooke's Hospital doctors acted professionally and in the best interest of Mrs Tracey." | |
| No figures about the use of resuscitation notices are collected centrally. The Department of Health said it could not comment while legal proceedings continued. | No figures about the use of resuscitation notices are collected centrally. The Department of Health said it could not comment while legal proceedings continued. |
| The case is listed for two days. |