13 yr. old girl wins right to refuse heart

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Girl wins right to refuse heart

A terminally ill girl has won the right to refuse treatment after a

hospital ended its bid to force her to have a heart transplant.

Herefordshire Primary Care Trust (PCT) dropped a High Court case

after a child protection officer said Hannah was adamant she

did not want surgery.

Hannah, 13, of Marden, near Hereford, said she wanted to die with

dignity.

Her father said he and his wife supported her decision but

they had been upset by the PCT's actions.

He said Hereford County Hospital's child protection team had

contacted them in February threatening to remove Hannah from their

care if they did not bring her to hospital for the operation.

Hannah, who has a hole in her heart, had been offered a transplant in

July 2007 but said she did not want to go through with it after

taking advice from doctors, Mr said.

She said the operation might not work, and if it did work, it would

be followed by constant medication.

Hannah was interviewed by the child protection officer after the

trust applied for a court order in February to force the transplant.

She said she wanted to stop treatment and spend the rest of her life

at home and the PCT subsequently withdrew its legal action.

Mr said: " The threat that somebody could come and forcibly

remove your daughter from you against her wishes, against our wishes,

was quite upsetting really. "

He added: " We didn't get too involved in (Hannah's) decision.

" Hannah made that decision consciously on her own, a bit like a grown

up, even though she was only 12 at the time and she has maintained

that decision.

" How she coped with it, what her mind was thinking at the time, I've

got great admiration for her in that and, as I said, we have to

support her and her decision. "

Hannah previously suffered from leukaemia and her heart has been

weakened by drugs she was required to take from the age of five.

Last week her father was forced to cancel plans to take her to

Disneyland because he could not get insurance for her.

The family had been given the holiday to the US by the charity

Caudwell Children.

Sally Stucke, a consultant paediatrician at Herefordshire Primary

Care Trust, said it had been " an extremely complex case " .

She added: " No one can be forced to have a heart transplant.

" We understand that the child and the family's views in relation to

care and treatment might change over time as the child's condition

changes.

" Any individual has the right to change their mind at any time.

" When considering whether a child is able to make a decision we would

consider the age and the maturity of the child as well as the views

of the family and others as appropriate.

" A child has the right to change their mind and all professionals

providing support to the child and the family have to be sensitive to

that. "

'Perfectly capable'

Dr Tony Calland, chairman of the British Medical Association's ethics

committee, said a child of Hannah's age was able to make an informed

decision to refuse treatment.

He said the House of Lords had ruled in the 1980s that a child who

understood the issues and consequences could be considered legally

competent.

It followed the case of Gillick who took her health

authority to court claiming she should be informed if her daughters

were prescribed contraception.

It was reported that in Hannah's case, the trust intervened after a

locum GP raised concerns over her with the child protection team.

Dr Calland said he understood why a doctor might have taken this

action.

He said: " I think some doctors take the view that they must intervene

and they are making that decision in what they see as the best

interests of the patient.

" But of course best interests of patients is not just the best

medical interests - it's the overall holistic interests of the person

in general. "

He added: " I think obviously a child of 13 with these circumstances

should be perfectly capable of making the decision and particularly

when supported by the parents. "

Clive Lambert, headteacher at Hannah's school, St 's High School,

in Lugwardine, said she was an intelligent girl, capable of making

her own decisions.

" She has many friends at school and her presence is a source of

inspiration to us all through the courage and dignity that she

displays, " he said.

Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-

/2/hi/uk_news/england/hereford/worcs/7721231.stm

Published: 2008/11/11 14:32:30 GMT

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