Seized by the direction of the hospitals of Marseilles, the Council of State enjoins the doctors to continue the treatments of Marwa. This decision cannot be revoked.
The Council of State has ruled. The summary judge of the highest French court confirmed this Wednesday, March 8 the injunction to resume the care of little Marwa. The magistrate considered that “the continuation of the treatments, in the circumstances of the case, did not characterize an unreasonable obstinacy”. A victory for the parents of the 15-month-old child suffering from an irreversible motor deficit and hospitalized in La Timone (Marseille).
In his prescription, the judge explains that he relied on two elements. He first considered that “the state of consciousness of the child had been the subject of elements of improvement and its future evolution still remained uncertain”. As a result, he considered that “the cessation of treatment had not been decided at the end of a sufficiently long period to assess the consequences of neurological lesions”. On the other hand, he found that the parents’ opinion had been heard little, although it was “of particular importance” and that they “were unanimously opposed to stopping treatment”.
Long legal fight
The little girl has been hospitalized in the intensive care unit of the Marseille hospital since September 25, 2016. Plunged into a coma after suffering from a devastating infection, the young Niçoise woke up in November. A few days before this unexpected awakening, the doctors had unanimously decided to disconnect the respiratory system which kept her alive. They were convinced – and still are today – that she would have serious disabilities, due to neurological damage.
There followed a standoff with the parents who were fiercely opposed to stopping treatment. They then seized the administrative court which had mandated 3 experts (two neurologists and a neuropediatrician). Although the latter confirmed the neurological lesions and assured that Marwa would be suffering from an “irreversible” handicap, they refused to settle “this ethical dilemma”. The court then ordered the medical team to maintain care.
A decision challenged by the direction of Public Assistance – Hospitals of Marseille (AP – HM) which seized the Council of State in early February. The hearing was held behind closed doors on March 2. And after deliberation, the summary judge rejected the appeal of the Marseille establishment. This decision is final, no appeal is possible.
Only one previous
For the parents of little Marwa, it is a relief. “We know she will have a severe handicap. We accept her handicap, she has the right to live because when I look in her eyes, she shows us that she is there, she clings “, said Mohamed Bouchenafa, the father of Marwa, during a big walk organized for the little girl this Saturday March 5th.
Before Marwa, the Council of State had only been called upon to rule once on the continuation of care for an inpatient. It was Vincent Lambert, a quadriplegic man in a vegetative state. In June 2014, he deemed it legal to stop treatment. Almost 3 years later, the family continues to tear themselves apart in court.
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