Therefore, the Archie case in Switzerland is unlikely
Parents in the UK regularly battle doctors to save lives for sick children. A law professor explains why such scenarios are unusual in Switzerland.
The parents fought “to the bitter end” for their son Archie’s life. The 12-year-old has been in a coma in a London hospital since April due to severe brain injuries.
Doctors have been trying for months to phase out life-saving measures, and parents have fought back every time – and lost. Even the last, highest official spoke out yesterday for the treating doctors. Archie will die. The reason given is that it is in the boy’s interest. It marks the end of his life.
Swiss parents never went to federal court
A British court deciding the fate of a seriously ill child is no exception. In recent years, for example, the cases of Alfie Evans and Charlie Gard have made headlines. In both cases, the parents challenged the doctor’s recommendation in court to end life-saving measures.
Is such a scenario even possible in Switzerland? “It would be unusual, but cannot be ruled out,” says Regina E. Abtei-Müller, professor of private law at the University of Lucerne. In principle, anyone can go to court if there is a “significant disagreement” between the medical profession and the patient – or in this case the authorized parent.
However, he is not aware of any similar cases brought before federal court.
,If the treatment is futile, you are not entitled to it.,
Professor of private law
But what rights do the parents of a sick child have in Switzerland? “The decision-making authority as to which treatment is used lies fundamentally with the parents,” says Abby-Muller. If there are different treatment options, the parents decide which ones to use. But there are limits to the decision-making authority: on the one hand, the parent must act in the best interest of the child, on the other hand, he can only request treatment for his child that is also considered medically sensible. Is. ,
“If the treatment is hopeless, you have no right to it.” This applies not only at the end of life: A person with a viral cold cannot ask for an antibiotic. Such treatments are also not covered by health insurance.
Switzerland has the necessary time and resources
In Archie’s case, doctors concluded that the treatments were futile – they diagnosed brain death. But the parents doubt that all the exams were done perfectly. What options would you have in Switzerland in this matter? Parents can seek super-interim relief from the court to buy more time for further investigation, Abby-Muller says.
This country has clear guidelines for diagnosing brain death. From a legal point of view, if doctors make a diagnosis based on these criteria, they can immediately end life-sustaining measures without parental consent. In reality, however, this is rarely the case: “The removal of devices is certainly very emotional,” when resources and time allow, doctors usually leave the devices on so that the parents can say a proper goodbye.
In the UK, however, what is mostly lacking is: time and resources. The UK healthcare system is under severe financial pressure and tends to end life support too soon. But in the Archie case, the courts agree: the medical profession made the right decision.