The treatment that a British boy who is in a coma with brain damage is receiving must be suspended, a British judge has ruled in a case that is causing controversy in the United Kingdom.
Archie Battersbee, 12, was found unresponsive at his home in Southend, southeast England, on April 7.
Doctors treating him at the Royal London Hospital in the British capital told the court the boy was “very likely” to be “brain dead” and asked to be taken off life support.
Archie’s mother, Hollie Dance, has said she is “broken” by the ruling. The family plans to appeal the sentence.
Archie suffered brain damage during an incident at his home, which his mother believes may have been related to an online challenge.
Since then, he has not regained consciousness.
Discrepancies with the hospital
Archie’s parents have initially disagreed with the hospital’s conclusions, and have received support from the Christian Legal Center, a Christian organization.
“I am devastated and extremely disappointed by the judge’s ruling after fighting a legal battle for weeks, when what I wanted was to be by my child’s side,” Archie’s mother said in a statement issued after learning of the court decision.
“Basing this judgment on an MRI test and him being ‘probably’ dead is not enough. This must be the first time someone has been declared ‘probably’ dead based on an MRI test.”
She said she felt “disgusted” that the hospital and the judge had not taken the family’s wishes into account, adding that she did not think “Archie was given enough time.”
“Her heart is still beating, she has held my hand and as her mother I know she is still there,” she said.
“Until it’s God’s will, I won’t let him go. I know of miracles where people have come back from brain death.”
“We intend to appeal and we will not give up on Archie.” Lawyers representing the hospital had asked the judge to decide what action was best for Archie.
During a three-day hearing in the Family Division of the court last week, specialists assured that the different tests carried out on the boy had not shown a “perceptible” brain activity.
“Irreversible”
In a written ruling, Justice Arbuthnot concluded that Archie died at noon on May 31, based on MRI images from that day.
The judge considers it proven that the function of the brainstem has ceased irreversibly.
“I give permission to the medical professionals at the Royal London Hospital to stop providing assisted ventilation to Archie Battersbee.”
The magistrate also noted that the devotion of Archie’s family was “extraordinary”.
“If Archie remains on mechanical ventilation, the likely outcome for him is sudden death, and the prospects for recovery are nil,” he said. “He cannot enjoy life and his brain damage is irrecoverable. His position is not going to improve. The downside of such a hasty death is the inability of his dear family to say goodbye to him.”
The judge said that had he not concluded that Archie was dead, he would have ruled that it was not in his best interest to continue receiving life-sustaining treatment. “The steps that I have set out above are legitimate,” he added.
Alistair Chesser, medical director of Barts Health NHS Trust, the foundation that runs the hospital, said his “thoughts and sympathies” were with Archie’s family.
“In accordance with court-issued guidelines, our physicians will provide the best possible care while life support is withdrawn,” Chesser said.
However, before starting any process, they will give the family time in case they decide to appeal the ruling.
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BBC-NEWS-SRC: https://www.bbc.com/mundo/noticias-internacional-61784150, IMPORTING DATE: 2022-06-13 16:20:06
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