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05/05/2018

Duration of Due Process & Appellate Review in End-of-Life Treatment Conflicts

Much has been made of the repeated appeals in the Alfie Evans case. But it is worth recalling that the European Convention on Human Rights requires that parents have the ability to appeal with a stay of planned hospital action pending judgment. 


Due process takes significant time. In a recent French case involving 14-year old Ines Biddarri-Afiri, it took nearly six months to exhaust the appeals. Look at this timeline:


June 22, 2017
Ines suffers heart attack.


July 7, 2017
Hospital multi-disciplinary consultation meeting where parents are informed that all staff favored withdrawing artificial ventilation, because its continuation was unreasonable obstinacy.


July 7-21, 2017
Hospital staff works hard to reach an agreement with parents in at least six meetings.


July 21, 2017
Hospital begins formal dispute resolution process.


September 11, 2017
Parents go to court.


November 7, 2017
Court orders report from 3 independent experts.


December 7, 2017
Court follows expert report.


December 20, 2017
Parents appeal.


January 5, 2018
Conseil d’État dismisses appeal.


January 23, 2018
European Court of Human Rights rejects request (full decision) for interim measures.


March 2018
Ines is still at the hospital.  

This entry was posted in Health Care and tagged . Posted by Thaddeus Mason Pope, JD, PhD. Bookmark the permalink.

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