§ Earl Howeasked Her Majesty's Government:
Whether the independent legal advice received by the management of the National Health Service trust involved in the judicial case of "Ms B" supported the position being taken by "Ms B" herself; whether the National Health Service trust chose to reject that advice; and what were the legal costs incurred by the National Health Service trust in contesting the case through the courts. [HL3716]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)The National Health Service trust took the legal advice given by its solicitors and it is understood did not reject the advice. Advice and guidance was also sought from outside experts and other organisations. The trust has always accepted that a competent patient has the right to refuse all forms of treatment and the right to request withdrawal of treatment even if this decision is life-threatening.
"Ms B" issued legal proceedings in January 2002 and the trust decided that the case should proceed to a hearing so that the court could determine the outcome.
The trust's legal costs are in the region of £40,000 plus value added tax and disbursements.