Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 15 June 2019.
Julie was fifteen weeks pregnant when she was involved in a motor vehicle accident. As a result of the accident, she sustained a severe brain injury and fractured neck.
Julie was admitted to the intensive care unit and placed on life support. Unfortunately, ten days after her admission, she was classified brain-dead by her treating clinician. Accordingly, her clinician sought to withdraw her life support on the basis that any further treatment would be “futile”.
David, Julie’s spouse, was horrified when he was informed of the doctor’s decision. He disagreed with the doctor and demanded that treatment continue in the hope that it would allow for Julie’s fifteen-week-old foetus to continue developing until it reached a viable gestational age.
Despite David’s protests, the clinician maintained his position, and so David made an application to the Supreme Court of New South Wales to have the matter determined.
In assessing whether David could object to the withdrawal of life support on the grounds of keeping the foetus alive, the Court considered what would be in the foetus’ best interests.
The Court found that continued life support would be futile as the prospects of successfully delivering a live baby after artificially supporting Julie’s deceased body was highly improbable. Further, it found that it would be overly burdensome on the foetus as Julie’s womb would be neither safe nor stable for the foetus to develop in.
In light of these factors, the Court found in favour of the clinician and ordered that Julie’s life support be withdrawn.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
