High Court Rules Doctors Can End Archie Battersbee’s Treatment
A High Court judge has ruled that doctors can legally stop treating Archie Battersbee. But his family’s lawyers hit back, arguing the standard of proof used was too low.
Family Fights Appeal Over Proof of Death
Archie, in an induced coma since April 7, was found unconscious at home. His parents, Hollie Dance and Paul Battersbee from Southend, Essex, say his heart is still beating and want treatment to continue. They’re now petitioning the Court of Appeal.
At a High Court hearing on Monday, the divorced couple asked for permission to appeal. Their barrister argued the evidence did not prove Archie’s death “beyond reasonable doubt.” Instead, the judge used the lower “balance of probabilities” standard.
“A decision of this gravity should have been made beyond reasonable doubt,” said Edward Devereux QC, leading the family’s legal team.
Judge Flags New Legal Debate Over Proof of Death
Mrs Justice Arbuthnot acknowledged the family’s concerns, saying the Court of Appeal has never addressed the “standard of proof” in cases declaring death. She called it a “compelling reason” for appeal judges to review the case.
Doctors Say Archie is Brain-Stem Dead
The Royal London Hospital doctors believe Archie is “brain-stem dead” and argue treatment should end. They want to remove him from the ventilator.
However, Archie’s parents insist his heart is still beating and want life support to continue. Meanwhile, legal teams for the hospital trust, Barts Health NHS Trust, asked the judge to decide the best steps for Archie’s care.
