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High court ruling that doctors must consult the family of patients who lack capacity before placing a DNACPR order

This case  emphasises that the  Tracey Judgment which placed a legal duty to consult patients regarding DNACPR orders, applies equally to  individuals who lack capacity.  In these situations consultation should take place with the family or carer of the patient.

The judge in this case stated  “There is nothing in the case of Tracey or the Strasbourg case law to suggest that the concept of human dignity applies any the less in the case of a patient without capacity. I accept the claimant’s case that the core principle of prior consultation before a DNACPR decision is put into place on the case file applies in cases both of capacity and absence of capacity.” [para 45]