A father has dropped his objections to a hospital withdrawing his seriously ill son's life support. The one year old boy, known as 'Baby RB' for legal reasons, was born with a rare muscle condition that makes it difficult for him to breathe independently.
The hospital's view was supported and backed by the baby's mother but was strongly opposed by the child's father during a High Court hearing. However, the father changed his mind after hearing medical evidence which described how it would be in the child's best interests if life support was withdrawn.
Lawyers for the health authority told Mr Justice McFarlane: "All of the parties in court now agree that it would be in RB's best interests for the course suggested by the doctors to be followed." The judge welcomed the decision, describing it as a "sad, but in my view inevitable outcome".
He said: "From the moment of the baby's birth it was apparent he was profoundly unwell. It would now be lawful to withdraw life support from the child".
He also paid tribute to the parents, who he said had acted in an exemplary manner.
He said: "It is, I suspect, impossible for those of us to whom such an event has not happened to do more than guess at the impact of it upon these two young parents.
"In one moment all of the hopes and dreams that they will have had for their expected baby will have been dashed and replaced with a life characterised by worry, stress, exhaustion, confusion and no doubt great sadness."
Both parents cried as the judge summed up the case, and the mother left the court at one point, but later returned.
A joint statement issued by lawyers representing both RB's parents and the hospital trust said: "Although RB's parents separated, they have always been united in wanting the best possible care for their son so that he may have the very best possible quality of life.
"They have been at his bedside daily these last 13 months.
"The court has heard that RB is a dear little boy, adored by his parents, family and the hospital staff.
"Every party in this case has reached this agreement after careful, considered thought for what is in RB's best interests."
Baby RB is believed to have a condition called congenital myasthenic syndrome (CMS), which severely limits limb movement and the ability to breathe independently. He has been in hospital since his birth. The hospital's legal representatives argued during the hearing that the baby faced a "miserable, sad and pitiful existence" - even if tracheotomy surgery to relieve his breathing difficulties allowed him to return home. They were particularly concerned that the child could not communicate whether any treatment - such as regular suctioning of his airways to remove fluid - caused him pain.
For legal reasons, none of the parties in the court case can be identified.
10 Nov 2009 |