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NHS Trust blamed for womans death after DNR notes

Cambridge NHS Trust is facing legal action following the death of a patient after the trust allegedly places two DNR instructions on her file without the consent of the patient or her family.

The woman, Janet Tracey died in hospital last March following a serious car accident which left her with a broken neck, ribs and clavicle. She had also recently been diagnosed with lung cancer and given up to 18 months to live. It is this combination which has left her widower and family feeling like the DNR instructions were placed on the file. The family are insistent that Mrs. Tracey would not have agreed to either of these instructions and they had not agreed through any Lasting Power of Attorney or otherwise. The family argue that it was not their decision to make, it was for Mrs Tracey to decide and she continued to have the capacity to make the decision in the weeks before her death, with lawyers pointing out that there were even annotations on her file suggesting she wanted to be resuscitated.

A full judicial review is expected to take place in February, which will look to consider whether or not an individual has the right to be consulted over a DNR instruction and whether hospitals have a duty to inform patients.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. 

Setfords Solicitors are a national full service law firm, with private client Solicitors in Epsom and across the country.