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disorders of consciousness

UK Supreme Court Decision Means Patients No Longer Forced to Live

By Mackenzie Graham

On July 30, The UK’s Supreme Court ruled that there is no requirement to obtain court approval before withdrawing clinically assisted nutrition and hydration (CANH), when there is agreement between physicians and the family that this is in the best interests of the patient.

In the judgement, Lady Black writes:

“If the provisions of the MCA [Mental Capacity Act] 2005 are followed and the relevant guidance observed, and if there is agreement upon what is in the best interests of the patient, the patient may be treated in accordance with that agreement without application to the court.”

Until now, requests to withdraw CANH needed to be heard by the Court of Protection to determine if withdrawing treatment was in the patient’s best interest. In addition to being emotionally difficult for families, this is a time-consuming and expensive process, and often results in the patient dying before a judgement is rendered.

I think this decision has much to be said in its favour. First, it means that when there is agreement that continued treatment is no longer in the best interests of a patient with a prolonged disorder of consciousness, these patients are no longer being ‘forced to live’ until the Court affirms that being allowed to die is in their best interests. In many cases, court decisions take months, meaning that a patient is forced to be kept alive, against their best interests and the wishes of their family. Making the decision to withdraw care from a loved one is highly distressing, and this is likely further compounded by the burden and distraction of court proceedings.

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Pain for Ethicists: What is the Affective Dimension of Pain?

This is my first post in a series highlighting current pain science that is relevant to philosophers writing about well-being and ethics.  My work on this topic has been supported by the W. Maurice Young Centre for Applied Ethics, the Oxford Uehiro Centre for Practical Ethics, and the Wellcome Centre for Ethics and Humanities, as well as a generous grant from Effective Altruism Grants. 

There have been numerous published cases in the scientific literature of patients who, for various reasons, report feeling pain but not finding the pain unpleasant. As Daniel Dennett noted in his seminal paper “Why You Can’t Make A Computer That Feels Pain,” these reports seem to be at odds with some of our most basic intuitions about pain, in particular the conjunction of our intuitions that ‘‘a pain is something we mind’’ and ‘‘we know when we are having a pain.’’ Dennett was discussing the effects of morphine, but similar dissociations have been reported in patients who undergo cingulotomies to treat terminal cancer pain and in extremely rare cases called “pain asymbolia” involving damage to the insula cortex.Read More »Pain for Ethicists: What is the Affective Dimension of Pain?