Trunk brain tests, such as the freediving test, are the approved test for death by neurological criteria according to the code of practice of the Royal College of Medical Schools. Medical witnesses told the court they had never relied on alternatives.
Instead, MRI scans and CT scans were used as evidence, and Dr. Daniel Shewmon, a 40-year-old American neurologist, told the court that “they were absolutely not” a basis for a reliable diagnosis of died in the case of Archie, as they cannot distinguish between little or no blood flow to the brain.
Describing the case as “tragic”, Judge Arbuthnot said in a written judgment: “I believe that the irreversible cessation of brainstem function has been conclusively established.
“I give permission for medical professionals at Royal London Hospital to stop mechanically ventilating Archie Battersbee; extubar Archie Battersbee; discontinue medication administration at Archie Battersbee; and not attempting any cardio or pulmonary resuscitation on Archie Battersbee when cardiac output or respiratory strain is stopped.
He added that “the steps I have set out above are lawful” and “their position will not improve.”
“A disturbing and dark precedent”
The judge said that if he had not concluded that Archie was dead, he would have ruled that it would not be in his best interest to stay with life support, as this runs the risk of dying suddenly without the opportunity to be fired.
Andrea Williams, executive director of the Christian Legal Center, said: “This ruling sets a disturbing and dark precedent. This case has raised important moral, legal and medical issues about when a person is killed.”