Hollie Dance, Archie Battersbee’s mother, struggles to keep her son from disconnecting.
The British Court of Appeal judges ruled that a High Court judge must reconsider the case of Archie Batterbee and decide whether it is in the best interests of the child for life-sustaining treatment to be discontinued.
A High Court judge recently concluded, after weighing the odds, that 12-year-old Archie was dead and ruled that doctors could legally stop treatment.
Three appellate judges discussed the case at a Court of Appeals hearing in London on Wednesday and said there should be another High Court hearing with the evidence reviewed by another judge.
Archie Battersbee, the boy who is brain dead and sparked a great debate in England.
The 12-year-old has been in a coma since April 7 after launching a viral challenge: suffocate and try to hold your breath. For doctors, it must be disconnected as it would present brain death. The child’s family objects and says that Archie is fighting for his life.
In his verdict, delivered on June 13, Judge Arbuthnot ruled that Archie’s doctors could legitimately stop treatment after considering evidence presented in a trial at the Family Division of the Superior Court.
The lawyers at the medical center where the boy is hospitalized had asked Judge Arbuthnot to decide what was best for Archie. Doctors treating Archie at the Royal London Hospital had told Judge Arbuthnot that he was “most likely” the 12-year-old was “brain dead”.
His recommendation was to stop life support treatment and disconnect the ventilator. Archie’s parents Hollie Dance and Paul Battersbeethey claim that their son’s heart is beating and that they want to continue with his care.
The 12-year-old boy is connected to an artificial respirator.
Edward Devereux QC, an attorney for Archie’s parents, argued that the decision to support Archie’s life was made on the basis of a balance of probability and not the principle of reasonable doubt. He argued that the analysis of the evidence was not “exhaustive” and suggested that it was not a “gold standard”.
Devereux said a “serious” decision to disconnect a young person from life support should be made when the decision is beyond reasonable doubt. instead of relying on the balance of probabilities.
Hollie Dance, Archie’s mother.
Archie’s case will be reconsidered in a hearing in the Family Division of the Superior Court on July 11. When the case is reconsidered, the judge will issue the final decision.
The three judges who approved the family’s appeal said they would give reasons at a later time. Archie suffered brain damage at home on April 7, as his mother found him unconscious and with a ligated head.
Paul Battersbee, Archie’s father.
Do you think he may have tried to take part in an online challenge, and has not regained consciousness since. Archie’s mother, Hollie, previously stated that “all we’ve ever asked for is time,” arguing that people can stay in a coma for a long time.
He said Archie “should be treated like a living patient until it is proven that he is not.”
Source: Clarin
